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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 16, 2003, the Credit Guarantee Fund entered into a credit guarantee agreement with A as of September 15, 2004 (the subsequent change of the amount to KRW 34,560,000) and the term of the credit guarantee agreement with A on September 15, 2004 (the subsequent extension to September 5, 2015). A submitted the said credit guarantee agreement and received a loan of KRW 60,00,000 from the Nong Bank Co., Ltd., Ltd., for a credit guarantee accident on September 6, 2014, A paid the Credit Guarantee Fund KRW 34,923,590 by subrogation to the Nonghyup Bank Co., Ltd. on November 6, 2014.
B. A’s disposal act and A’s insolvent 1) On June 12, 2014, A’s real estate listed in the separate sheet (hereinafter “instant apartment”) to the Defendant on June 12, 2014.
2) The sales of the instant transaction was made (hereinafter “instant transaction”).
(2) On July 4, 2014, on the instant apartment, the registration of ownership transfer was completed under the name of the Defendant on July 4, 2014, and on July 4, 2014, the registration of the establishment of the existing neighboring mortgage (the maximum claim amount of KRW 106,200,000, the debtor, the mortgagee A, and the Hyundai Marine Fire Insurance Co., Ltd.) that was established on the instant apartment was revoked. On the same day, the registration of the establishment of the existing neighboring mortgage that was established on the instant apartment was completed, which was the maximum claim amount of KRW 108,00,000, the debtor C,
3) At the time of the conclusion of the instant sales contract, A had been in excess of his/her obligation. (C) On May 27, 2015, the Korea Credit Guarantee Fund asserted against the Defendant that the instant sales contract constituted a fraudulent act, and filed the instant lawsuit (e.g., revocation of the fraudulent act, the Daegu District Court 2015No31465).
2) On November 14, 2014, A filed a petition for bankruptcy with the Daegu District Court 2014Hadan4866, which was declared bankrupt on July 30, 2015, and an attorney B was appointed as a trustee in bankruptcy. B filed a petition for resumption of the lawsuit on October 14, 2015, and taken over the instant lawsuit by taking over the instant lawsuit. Inasmuch as there is no dispute over the grounds for recognition, A1.