1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 5, 2018, the Plaintiff entered into a credit transaction agreement with D to grant a loan of KRW 50,000,000 on January 31, 2019, the credit period expiration date, the agreement rate of KRW 22% per annum, and the overdue interest rate of KRW 25% per annum. On the same day, the Plaintiff borrowed the above amount.

(hereinafter “instant claim”). (b)

According to Article 7(2) of the General Terms and Conditions of Credit Transactions applicable to the above credit transaction agreement, when the payment of interest, etc. was delayed for one month continuously from the time when the payment of interest, etc. was made, the payment of the amount of installment payments or the amount of the principal and interest on installment payments shall be lost at least twice consecutively. D lost the benefit of September 1, 2018.

C. On September 27, 2018, D entered into a sales contract with the Defendant for each real estate listed in the separate sheet (hereinafter “each of the instant real estate”; the land listed in paragraph (1) and the building listed in paragraph (2) with respect to the purchase price of KRW 55,00,00 (hereinafter “instant building”); and completed the registration of ownership transfer in the future of the Defendant on the same day.

On the other hand, each of the instant real estate is the only real estate owned by D, and D was in excess of debt at the time of the instant sales contract.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 4, and 7, the real estate information of the Seocho-gu City Management Office in the Seocho-gu Office and the fact-finding results, the purport of the whole pleadings

2. Determination

A. 1) The Plaintiff’s assertion 1) The instant sales contract constitutes a fraudulent act and thus should be revoked. Meanwhile, the Plaintiff’s claim against the Defendant for compensation for value equivalent to the amount of the instant claim against D, since the registration of the establishment of a new mortgage was revoked thereafter. 2) The Defendant is a bona fide beneficiary regarding the instant sales contract.

B. Prior to the conclusion of the instant sales contract as to whether a fraudulent act was one, the instant claim against D had already been established.