1. The plaintiff's claim is dismissed.

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

1. The Plaintiff: (a) on February 12, 2015, repaid KRW 135 million to Nonparty Company (Co., Ltd. (formerly changed: Company E) in equal installments of principal and interest for a period of 63 months; (b) the loan interest rate was 11.9% per annum; and (c) the interest rate in arrears was 23.9% per annum; and (d) borrowed a loan for middle-standing debate.

The Plaintiff lost the benefit of time for the loan under Article 8(3) Subparag. 4 of the Credit Transaction Basic Terms and Conditions on the ground that Nonparty Company started to pay arrears from March 21, 2017 and did not notify the disposal of property.

On July 26, 2017, the Defendant, who is engaged in transportation business, entered into a sales contract to purchase KRW 19 million for the first vehicle and KRW 2.5 million for the second vehicle (hereinafter “each of the instant sales contracts”), and received each transfer registration (hereinafter “each of the instant transfer registration”) on July 27, 2017, as stated in the purport of the claim. The Defendant paid the remainder to the Nonparty Company in cash, by subrogation, the amount of KRW 74,328,180, which is the mortgage debt of the FF association established on the second vehicle from the purchase price.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, 6, Eul evidence 1 through 7 (including each number), the purport of the whole pleadings]

2. Determination on the claim

A. The plaintiff asserts that since the non-party company's small property as the debtor's non-party company's small property exceeds positive property and the creation of the right to collateral security constitutes a fraudulent act, each of the instant sales contract should be revoked, and the defendant must cancel the registration of transfer of this case as to the first vehicle, and since the defendant on the second vehicle's subrogation and cancelled the mortgage, it should compensate the plaintiff for the remaining 38,635,824 won after deducting the amount of KRW 13,00,000,000,000,000 won as the market price of the second vehicle.

B. In order to constitute a fraudulent act, the debtor's act of disposal of the debtor's property has to reduce the debtor's total property so that the creditor's joint security is insufficient. In other words, the debtor's passive property is more active property.