1. A sales contract concluded on March 24, 2016 between the Defendant and C with respect to the share of 1/2 of the real estate stated in the separate sheet.

1. Facts of recognition;

A. On March 23, 2015, the Plaintiff lent KRW 25 million to C, and C, on October 28, 2015, drafted a loan certificate with a maturity of KRW 28 million per annum, interest rate of KRW 28 million per annum, and due date of repayment on December 30, 2017 with respect to the said loan to the Plaintiff.

B. On March 24, 2016, C entered into a sales contract with the Defendant to sell 1/2 shares (hereinafter “instant real estate”) out of the attached real estate (hereinafter “instant real estate”) for KRW 20 million (hereinafter “instant sales contract”) and completed the registration of ownership transfer to the Defendant on the same day.

C. C did not have any property other than the instant real estate at the time of the instant sales contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, the court's Bosung group, each fact inquiry inquiry results against the Court Administration Office, the purport of the whole pleadings

2. The debtor's act of selling real estate, which is the only property of the judgment, and changing it into money which is easily consumed, is always deemed a fraudulent act against the creditor, barring special circumstances. Therefore, the debtor's intent of prejudice is presumed to be presumed, and the burden of proof that the purchaser did not maliciously

(see, e.g., Supreme Court Decision 97Da54420, Apr. 14, 1998). In light of the above legal principles, the health stand for the instant case, and according to the facts acknowledged earlier, C, the sole positive property of which is one of the instant real estate, shall be deemed to have sold the instant real estate to the Defendant. Such C’s sales contract is to reduce joint security against other creditors including the Plaintiff, thereby constituting a fraudulent act, C’s intent is presumed, and C’s intent is presumed to be the beneficiary’s bad faith.

On October 21, 2015, the Defendant lent KRW 15 million to C, and concluded a sales contract and completed the registration of transfer of ownership under the pretext of payment in kind. Therefore, the Defendant cannot accept the Plaintiff’s claim.