The judgment of the court below is reversed, and the case is remanded to the Seoul Eastern District Court Panel Division.

The grounds of appeal are examined.

1. The "date when the obligee becomes aware of the cause for the revocation", which is the starting point for the period of exclusion in the exercise of the obligee's right of revocation, means the date when the obligee becomes aware of the requirement for the obligee's right of revocation, that is, the date when the obligor becomes aware

In order for the creditor to be aware of the cause of revocation, it is not sufficient that the debtor simply knows that he/she conducted an act of disposal of property, and it is also necessary to know the existence of specific fraudulent act and to know the fact that he/she had the intent to harm the debtor.

In addition, if a creditor transfers a preserved claim and the transferee exercises the creditor's right of revocation to preserve the claim with the knowledge of the cause of revocation after a fraudulent act was committed, the determination of whether the period of exclusion is exceeded on the basis of the date the transferor becomes aware of the cause of revocation

(2) On April 10, 2018, according to the reasoning of the first instance judgment as cited by the lower court and the record, C, a joint guarantor of the instant loan claims, filed an application for provisional attachment on June 26, 2013, with the Defendant on June 21, 2013 for the registration of the instant claim for transfer of ownership based on the instant promise, which was made on June 21, 2013, and D, a creditor of the instant loan (hereinafter “D”) as the Seoul Central District Court 2014Kadan5801 on December 29, 2014, for the joint and several liability claim against C as the preserved right to the instant real estate. Upon the request of D’s provisional attachment, the Plaintiff revoked the instant claim for provisional attachment and transferred the instant real estate to the Plaintiff on June 28, 2015, and the Plaintiff transferred the instant claim for provisional attachment against D on December 13, 2015.