1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On February 8, 2013, the Plaintiff filed an application with the Changwon District Court for a payment order of KRW 251,90,000 for the total construction cost from December 12, 2012 to January 2013, 2013 with the Changwon District Court for a payment order of KRW 251,90,000 for the Plaintiff from the date of delivery of the original copy of the instant payment order from January 18, 2013 to the date of full payment, and the said court issued the payment order of KRW 251,90,000 for the Plaintiff and the payment order of KRW 251,90,000 for the payment from the following day to the date of delivery of the original copy of the instant payment order, which became final and conclusive on May 3, 2013.

B. On April 1, 2013, the Defendant entered into a trade promise with regard to the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) and machinery and equipment listed in the separate sheet (hereinafter “instant promise”) which used the sales amount of KRW 4.2 billion at the time with respect to the instant real estate (hereinafter “instant promise”). On the same day, the Defendant filed a provisional registration of the right to claim ownership transfer on the ground of receipt by the Changwon District Court Kim Sea Registry on the same day, and completed the provisional registration of the right to claim ownership transfer on the ground of the sales contract (hereinafter “instant sales contract”) on May 3, 2013, as the same registry office received on May 7, 2013, and completed the ownership transfer registration under Article 48721 of the same Act.

C. On the other hand, as of April 1, 2013, the debt of Sungia was totaling KRW 12,889,823,386, and the appraised value of each real estate and machinery of this case, which is the only property owned by SungiaM, was KRW 5,015,75,500.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion constitutes a fraudulent act or a false declaration of agreement with the Defendant, even though he was aware that Sung AM would prejudice general creditors. The instant purchase and sale reservation and sales contract concluded with the Defendant regarding each of the instant real estate constitutes a fraudulent act or a false declaration of agreement.