1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. On March 9, 2016, the Plaintiff leased KRW 100,000,00 to C as “2.3% per month and the due date of repayment on August 9, 2016.”

B. C owned 1/2 of the real estate listed in the separate sheet.

C On July 5, 2017, the Defendant, as the ASEAN, entered into a trade reservation (hereinafter “instant reservation”) with respect to the said share, and on July 6, 2017, the Defendant completed the provisional registration of the right to claim the transfer of the entire share (hereinafter “the provisional registration of this case”).

C. C was in excess of the obligation at the time of the instant promise to sell and purchase the shares, and the said shares were the only property.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion constitutes a fraudulent act detrimental to the general creditors of C, including the Plaintiff, and thus, should be revoked. Accordingly, the Defendant is obliged to implement the procedure for cancellation registration of the provisional registration of this case to C with the restoration to its original state.

B. The defendant's assertion is set forth in Article 1-A.

Since there was a continuous transaction with C prior to the lease of the entry in the subsection, it did not constitute a fraudulent act, since it did not constitute a fraudulent act.

3. Determination

A. 1-A against C by the Plaintiff of the preserved claim

The loan claims stated in Paragraph (1) already existed at the time of the instant promise to sell and purchase the instant land, which the Plaintiff claimed as a fraudulent act (However, on November 17, 2017, after the instant promise to sell and purchase the real estate, distribution was made in the District Court M, N, and the said claim was partially repaid) and the above loan claims are preserved claims for the exercise of the right to cancel the fraudulent act.

B. The act of providing real estate, which is the only property of the debtor, which has already been in excess of the obligation of the debtor and the intention of fraudulent act and the intent of fraudulent injury, to one of the obligees as collateral is subject to the creditor's right of revocation in relation to other obligees unless there are any special