1. The sales contract concluded on September 3, 2016 between the Defendant and C is revoked.

2...

1. Basic facts

A. On September 21, 2006, the Plaintiff filed a payment order with C as Seoul Central District Court 2006 tea67934, and received a payment order from the above Seoul Central District Court for the payment of KRW 79,638,147 and KRW 30,022,569, the amount calculated by the ratio of 3% per month from March 20, 2004 to the date of complete payment, and KRW 49,615,578 among them, the payment order was finalized on October 12, 2006 without objection of C.

B. On May 28, 2016, C purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from D and completed the registration of transfer of ownership on August 5, 2016, and sold it again to the Defendant on September 3, 2016 (hereinafter “instant sales contract”). On October 11, 2016, C completed the registration of transfer of ownership in the name of the Defendant on the ground of the instant sales contract under the receipt of the Dobong District Court’s receipt of receipt No. 66950 on October 11, 2016.

C. At the time of the instant sales contract, C was insolvent in which there was no particular active property other than the instant real estate.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Determination

A. As to the facts found in the establishment of a fraudulent act, C, the debtor, as to the instant real estate, which is the only property registered as its owner in insolvent in which the passive property exceeds active property, constitutes a fraudulent act that causes damage to the plaintiff, the creditor, barring special circumstances, and C, was aware that the instant sales contract was prejudicial to the plaintiff, and the defendant's bad faith, the beneficiary, is presumed.

B. The defendant's assertion is actually at the time of acquiring the real estate of this case from D prior to the sales contract of this case.