1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 17, 2014, Nonparty Hyundai Card Co., Ltd. (hereinafter “Nonindicted Company”) concluded a credit card subscription agreement with Nonparty B (hereinafter “instant credit card subscription agreement”).

B. On January 29, 2015, Nonparty B registered the transfer of ownership on January 28, 2015 as to the motor vehicles stated in the purport of the claim under the Defendant’s name (hereinafter “instant contract”).

C. On April 28, 2015, Nonparty B obtained a loan of KRW 52,130,000 from Nonparty Company using a credit card issued under the instant credit card subscription agreement (hereinafter “instant credit card subscription claim”), and began to pay the credit card payment from June 25, 2015, Nonparty B transferred the instant credit card subscription claim to the Plaintiff on August 11, 2015, and notified Nonparty B of the transfer on August 18, 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 10, and purport of whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff entered into the instant credit card subscription contract prior to the conclusion of the instant contract, which is a fraudulent act, and the instant credit card payment claim was already based on the legal relationship established at the time of the fraudulent act, and thus, the said credit card payment claim was established after the conclusion of the instant contract.

The right of revocation asserts that the preserved claim can be the preserved claim.

B. Therefore, in principle, it is required that a claim protected by the obligee’s right of revocation was created prior to the commission of an act that can be viewed as a fraudulent act. However, at the time of such fraudulent act, there is a legal relationship that has already been based on which the claim was established, and in the near future, it is highly probable that the claim would have been established due to its legal relationship in the near future, and the probability is realized in the near future.