1. The scope of the purchase and sale contract concluded on January 2, 2017 between the Defendant and B as to the real estate indicated in the separate sheet shall be KRW 40 million.

1. Basic facts

A. (1) On March 29, 2013, the Plaintiff provided credit guarantee with the coverage amount of KRW 90,000,000 to the KEB of B, but with respect to the obligation of the loan to the bank. The KEB bank loaned KRW 100,000,000 to B on April 1, 2013. (2) On May 12, 2017, the credit guarantee accident occurred due to delay in the repayment of principal, etc. of B. On May 29, 2017, the Plaintiff subrogated the KEB bank to KRW 90,809,713 to the bank, and the Plaintiff’s claim against B, including the subrogation amount, KRW 91,130,253,00.

B. On October 29, 2016, B entered into a sales contract with the Defendant for KRW 110 million with respect to the real estate stated in the separate sheet (hereinafter referred to as “instant real estate”) that is its sole property in excess of debt (hereinafter referred to as “instant real estate”) and completed the registration of ownership transfer to the Defendant on February 27, 2017.

C. On February 27, 2017, the Defendant revoked the registration of creation of a neighboring mortgage, after discharging the secured debt of KRW 70 million with the maximum debt amount of KRW 84.5 million established on the instant real estate, following the discharge of the secured debt of KRW 84.5 million.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, each entry of this Court's Youngdo Head of the Do Office, President of the Central Credit Information Depository, President of the Korea Credit Information Institute, President of the Busan District Credit Information Institute, and the result of reply to the fact inquiry, the purport of the whole

2. Determination

A. Although it is necessary to determine the cause of the claim 1, in principle, that the claim protected by the obligee’s right of revocation has arisen prior to the commission of an act that can be deemed a fraudulent act. However, at the time of the fraudulent act, there has already been a legal relationship that serves as the basis of the establishment of the claim, and there is high probability that the claim should be established in the near future due to its legal relationship, and in the near future, where the probability thereof has been realized and the claim has been established.