1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. The reasoning for this part of the judgment of the court is the same as that of the judgment of the court of first instance. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure

2. Judgment on the ground of the Plaintiff’s claim

(a) The term “unlawful act” means an act detrimental to the creditor by causing the debtor to go beyond his/her obligation by reducing his/her active property or increasing his/her negative property, or by deepening the fact that the debtor has already

(See Supreme Court Decision 2000Da7783 delivered on October 25, 2002, etc.). B.

According to the above-mentioned facts, if E excludes land and buildings located in Jung-gu Incheon Metropolitan CityJ which has no real value as at the time of the promise to sell and purchase this case, it has positive property equivalent to KRW 187,200,000 ( KRW 600,000,000 - 412,80,000) calculated by deducting the amount of collateral security obligation from the appraised value as to the real estate listed in the attached Table 1’s list, while E has a considerable amount of KRW 1,97,861,00 in excess of the aforementioned amount of debt.

As such, it is reasonable to deem that: (a) making a promise to sell and purchase real estate listed in the separate sheet No. 1, the only active property for the Defendant, who is the Defendant in insolvency, and based on the provisional registration, completing the provisional registration on the said real estate constitutes an act that deepens the excess of the liability property as a joint security for general claims, and that such act constitutes an

In addition, barring any special circumstance, E's intention and the defendant's bad faith will be presumed to be the debtor, E's beneficiary.

C. In addition, in cases where a provisional registration for preserving the right to claim ownership transfer registration was made as a fraudulent act, restitution is sufficient when the purchase and sale reservation is revoked and the provisional registration is cancelled, so the defendant and E cancel the purchase and sale reservation entered into on December 2, 2014 with respect to real estate listed in attached Table 1, and the defendant is the Seoul Central District Court with respect to real estate listed in attached Table 1.