1. The reservation to trade entered into on May 17, 2017 with regard to real estate listed in the separate sheet between the defendant and C shall be revoked.

1. Basic facts

A. On February 18, 2013, the Plaintiff filed a lawsuit claiming the return of lease deposit against C by the Incheon District Court 2012Gadan83826, and was sentenced to a favorable judgment from the above court on February 18, 2013 that “C shall pay the Plaintiff KRW 43 million,” and the said judgment was finalized on April 2, 2013.

B. On May 17, 2019, C completed the registration of the right to claim transfer of ownership, which was based on the pre-sale agreement (hereinafter “instant pre-sale agreement”) dated May 17, 2017, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 3 through 5, purport of the whole pleadings

2. Determination

A. The Plaintiff’s claim based on the above judgment against C is the obligee’s right of revocation.

B. In the event that the obligor’s assets are insufficient to fully repay the obligor’s debts, the act of making a promise to sell and purchase the real estate, the only property of the obligor, to the obligee, constitutes a fraudulent act barring any special circumstance (see, e.g., Supreme Court Decisions 2003Da25652, Jul. 22, 2004; 201Da100862, May 9, 2013). In addition, C bears at least KRW 43 million against the Plaintiff as the small property at the time of the promise to sell and purchase the instant real estate, while C bears at least KRW 43 million as the positive property at the time of promise to sell and purchase the instant real estate, it is presumed that the market price of the instant real estate was equivalent to KRW 26,870,780, Oct. 10, 2019.

According to these facts, the instant promise was made by C to sell and purchase the only real estate in excess of the positive property in excess of the amount of debt exceeding the positive property, under special circumstances.