1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. The Plaintiff operating a gas station supplied C with petroleum of KRW 66,486,092 from May 19, 2012 to December 10, 2013, but did not receive the price.

B. Accordingly, the Plaintiff filed a lawsuit against C in order to seek payment of petroleum price as the High Government District Court Decision 2014Da6827, Oct. 29, 2014; the said court rendered a judgment that C shall jointly and severally with D to pay KRW 66,486,092 to the Plaintiff, and the said judgment became final and conclusive.

C. On January 14, 2014, C entered into a sales contract with the Defendant on the purchase price of KRW 75 million with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), which is the only real estate between the Defendant and the Defendant (hereinafter “instant real estate”). On the same day, the Defendant completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) on the ground of the instant sale as the receipt of No. 1722 on January 14, 2014 by the Jung-gu District Court’s Seocheon registry office.

[Ground of recognition] Facts without dispute, Gap evidence 1 through Gap evidence 5, Gap evidence 8 (including partial numbers), the purport of the whole pleadings.

2. The assertion and judgment

A. Whether a fraudulent act is established or the debtor sells real estate, which is the only property of his/her own, and alters it into money easily for consumption, is a fraudulent act, barring special circumstances. The debtor's intent to commit a fraudulent act refers to recognizing that there is a shortage of joint collateral for the claim, which is a subjective element of a fraudulent act. It does not require any intent or intent to impair the creditor. If the debtor sells real estate, which is the only property, and alters into money easily for consumption, it is presumed that the debtor's intent to cause harm and the beneficiary's bad faith is presumed (see, e.g., Supreme Court Decision 2008Da84458, May 14, 2009). According to the above findings, C bears the petroleum payment obligation of KRW 66,486,092 against the plaintiff