1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion and judgment

A. The Plaintiff’s summary of the assertion holds monetary claims against C pursuant to the payment order (Seoul District Court Decision 2014Da2665).

C made a trust contract on the instant real estate, the only property between the Defendant and the Defendant in excess of the debt, which constitutes a fraudulent act, and seek the revocation thereof.

On the other hand, the real estate of this case was sold in a voluntary auction procedure and the defendant received 36,836,128 won, and the defendant sought payment of the amount stated in the claim to the defendant as compensation for value within that limit.

B. On August 21, 2013, based on the facts stated in Gap evidence Nos. 1, 2, and 3, C entered into a trust agreement with the defendant as to the instant real estate (hereinafter “instant trust agreement”) (hereinafter “instant trust agreement”).

(2) On the ground of the above trust contract, the Defendant may be found to have completed the entire registration of transfer of shares as of August 27, 2013 by the Suyang Branch of the District Court Goyang Branch of the High Court on the ground of the above trust contract. 2) The fraudulent act subject to the creditor’s right of revocation refers to a juristic act for the purpose of property right, and thereby, the obligor’s passive property exceeds active property or the obligor’s excessive debts are added. Therefore, in order to constitute a fraudulent act, it should be premised on the fact that the aforementioned act resulted in the above situation.

In light of the fact that C, a debtor, bears a large number of obligations at the time of entering into the instant trust agreement, and trust the instant real estate, which is the only property, was entrusted to the Defendant, the Plaintiff asserts that the instant trust agreement constitutes a fraudulent act detrimental to general creditors including the Plaintiff, in view of the fact that it constitutes a fraudulent act detrimental to general creditors including the Plaintiff.

In this regard, C according to the results of the inquiry into the Court Administration Office of this Court, the trust contract of this case.