1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. On August 31, 2015, the Plaintiff filed a lawsuit against Changwon District Court D (hereinafter “D”) seeking the payment of the construction cost under the construction contract concluded on May 20, 2015 with the Jinwon District Court Branch.

(Seoul District Court Jinwon Branch 2015Kadan8397). (b)

On May 31, 2017, the Plaintiff and D concluded mediation that “D shall pay the Plaintiff the construction cost of KRW 76,200,000,000, which shall be divided into KRW 45,000,000 until July 31, 2017, and each payment of KRW 31,20,000,000 shall be made until September 30, 2017.”

C. Meanwhile, on September 12, 2016 for the purpose of securing obligations to E, D completed the provisional registration of ownership transfer claim (hereinafter “the provisional registration of this case”) on September 5, 2016 on the ground of a trade promise on September 12, 2016 with respect to the land of 2,939 square meters (hereinafter “instant real estate”) owned by oneself, Changwon District Court’s Office of Busan District on September 12, 2016, the provisional registration of ownership transfer claim (hereinafter “instant provisional registration”) was completed on September 12, 2016. On March 16, 2017, E entered the Defendant into a supplementary registration with respect to the registration of the said right to claim ownership transfer claim to change the ownership transfer right holder to the Defendant on the ground of an agreement to transfer on March 15, 2017.

D had owned a number of parcels of land besides the instant real estate at the time of the promise to sell and purchase the instant real estate, but the sum of the maximum debt amount of the right to collateral security established on each of the said real estate exceeded the value of each of the said real estate

[Ground of recognition] A without dispute, entry of Gap evidence Nos. 1 through 8 (including paper numbers; hereinafter the same shall apply), the result of the order of the first instance court to submit taxation information about the actual city of the first instance court, the result of the order of the court to submit taxation information about the actual city tax department, the result of the order of the F Association to submit information on financial transactions, the result of the order of

2. Claim for the revocation of fraudulent act;

A. According to the facts of the establishment of a fraudulent act, barring any special circumstance, D’s excess of its obligation on September 12, 2016.