1. The plaintiff's claim is dismissed.

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

1. Determination on the allegations and issues of the parties

A. The Plaintiff’s assertion is identical to the grounds for the claim that was corrected in attached Form. Ultimately, the issue of this case is whether the Defendant was a bona fide beneficiary who was unaware of the Defendant’s damage to the Plaintiff at the time of concluding the instant sales contract with C, D, and the joint seller on December 4, 2018.

B. Determination 1 as to the issues in a lawsuit seeking revocation of a fraudulent act is presumed to have been performed in bad faith by the beneficiary, and thus, the beneficiary is responsible for proving his/her good faith in order for the beneficiary to be exempted from his/her liability. In such cases, whether the beneficiary is bona fide or not shall be determined reasonably in light of the logical and empirical rules, comprehensively taking into account the following: (a) the relationship between the debtor and the beneficiary; (b) the details of and the background and motive for the act of disposal between the debtor and the beneficiary; (c) the circumstances leading up to the act of disposal; (d) there are no extenuating circumstances to suspect that the terms and conditions of the act of disposal are normal and reasonable transaction; and (e) the circumstances after the act of disposal, etc. (see, e.g., Supreme Court Decision 2017Da241819, Nov. 29, 2017).

① On December 4, 2018, the Defendant, a licensed real estate agent E and F, entered into a sales contract with G and D to set forth KRW 174,50,000 for the instant apartment as the purchase price. On the same day, the Defendant transferred the remainder of KRW 3,000,000 for the provisional contract amount of KRW 5,000 for the same day, which was already paid as the down payment, to D’s account. On December 21, 2018, the remainder of KRW 5,580,895 out of the remainder of KRW 169,50,000 for the remainder of KRW 169,50,000,000 for the remainder of the payment due date, and delivered the remainder of KRW 113,919,105 for the check.

② As above, the seller paid the remainder from the Defendant to the mortgagee of the instant apartment mortgage with the repayment of the secured debt and the Daegu District Court No. 19845, Dec. 21, 2018 received on December 21, 2018.