1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff entered into a guarantee insurance contract with B on October 17, 2001 as indicated in the grounds for the claim, and paid insurance proceeds on February 18, 2003, and held claims for reimbursement of KRW 21,402,046 as of July 20, 2015 against B.

B. As the mother C of B died on December 9, 2014, the heir of D, E, and B inherited each of the real estate listed in the separate sheet (hereinafter “instant real estate”) by one-third shares.

C. On July 20, 2015, the Defendant purchased the instant real estate from the above inheritors, and completed the registration of entire co-owner’s share transfer on July 30, 2015.

(F) The sales contract of July 20, 2015 (hereinafter “instant sales contract”). D.

At the time of the conclusion of the instant sales contract, B did not have any particular active property except the shares in the instant real estate.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 19, purport of the whole pleadings]

2. Determination

A. The debtor's selling of real estate, which is the only property to determine the cause of the claim, and changing the sale of real estate into money which is easily consumed is a fraudulent act unless there are special circumstances, and the debtor's intent of deception is presumed in such case.

According to the above facts, B is insolvent by selling the shares of 1/3 of the instant real estate, which is the property practically only exclusive, to the Defendant. Thus, the instant sales contract should be revoked as a fraudulent act, barring any special circumstance.

B. The defendant's assertion 1) The defendant concluded the sales contract of this case in good faith without knowing that he would prejudice the creditor. 2) Since the beneficiary's bad faith is presumed in a lawsuit seeking revocation of fraudulent act, the beneficiary is responsible for proving his good faith in order for the beneficiary to be exempted from his responsibility.

In such cases, the good faith of a beneficiary shall be determined by the relationship between the debtor and the beneficiary, the contents and the background and motive of the act of disposal between the debtor and the beneficiary, and the terms and conditions of the act of disposal.