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1. As to the real estate listed in Attachment 1. Paragraph 1 of the Inventory of Real Estate:
A. October 1, 2019 between the Defendant and B.
Reasons
1. According to the overall purport of the statements and arguments stated in Gap evidence Nos. 1 through 8 (including paper numbers), each of the underlying facts may be acknowledged as the facts of disposal of each real estate stated in the real estate list Nos. 1, 2, and the credit guarantee agreement and joint and several guarantee between the plaintiff and C Co., Ltd. (hereinafter "C"), the plaintiff's subrogation, and attached Form No. 1.
2. Whether the act constitutes a fraudulent act;
A. According to the facts based on the preserved claim, on January 25, 2019, the Plaintiff acquired prior right to indemnity pursuant to Article 6 of the Credit Guarantee Agreement with the principal and delayed payment of C on January 25, 2019, and on May 27, 2019, the Plaintiff paid a loan to C and B on behalf of C on behalf of C for a credit guarantee obligation, thereby holding a total of KRW 174,338,284 in accordance with the credit guarantee agreement.
The right to prior indemnity occurred after each of the instant sales reservations, but on April 4, 2018, B guaranteed the Plaintiff’s obligation under a credit guarantee agreement, and thus, there was a legal relationship that forms the basis for the establishment of the claim at the time of each sales reservation. Since the 15th day after the conclusion of the sales reservation, there was a high probability that the right to prior indemnity would occur within the nearest time in light of the occurrence of a credit guarantee accident due to overdue payment of principal, and its probability was realized, and the Plaintiff’s right to prior indemnity was established. Therefore, the Plaintiff’s right to prior indemnity constitutes claims that can be revoked by fraudulent act.
B. In principle, in cases where an obligor has committed multiple property disposal acts in succession, it shall be determined according to whether each act causes insolvency. However, when there are special circumstances to regard the series of such acts as a single act, it shall be determined whether such a series of acts is harmful as a whole. In determining whether such special circumstances exist, the other party to the disposition shall be the same and the disposition shall be made.