1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On March 3, 2011, the Plaintiff extended a loan (hereinafter “instant loan”) at the interest rate of KRW 70 million to B, setting the changed interest rate and the due date on March 3, 2014 (hereinafter “instant loan”).

B. On February 8, 2012, B sold each real estate (hereinafter “each of the instant real estate”) indicated in the separate sheet (hereinafter “instant sales contract”) to the Defendant (hereinafter “instant sales contract”) and completed the registration of ownership transfer on February 9, 2012.

C. At the time of the instant sales contract, the market price of each of the instant real estate was KRW 60 million. Each of the instant real estate was set up on November 1, 2010, which was KRW 49,200,000 (the maximum debt KRW 41,000,000,000) for the mortgagee of the right to collateral security, the obligor E (B), and the maximum debt amount (the maximum debt KRW 41,000), the mortgagee D, the obligor, and the maximum debt amount, as of September 9, 201, respectively.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. The Plaintiff’s act of selling each of the instant real estate, the sole property of which the Plaintiff’s assertion B, to the Defendant, constitutes a fraudulent act against the Plaintiff, and thus, the instant sales contract should be revoked, and the Defendant shall implement the procedure for the cancellation of the ownership transfer registration with respect to each

3. Determination

A. In principle, a debtor’s act of selling real estate, the sole property of which is the debtor, and changing the sale of real estate into money easily for consumption, may constitute a fraudulent act; however, the purpose of selling real estate is to obtain repayment or satisfaction of the obligation, and the price is not unreasonable; and in a case where it is actually used for repayment to or maintaining the ability to repay to creditors, barring special circumstances, such as where the debtor in collusion with some creditors, performs performance with intent to harm other creditors.

Supreme Court on October 2015