(Seoul High Court Decision 2015Ga6590 decided Jan. 15, 2016). B, with respect to the Defendant who was a friendly defendant at an elementary school, registered the establishment of a right to collateral security with the maximum debt amount of KRW 30 million on the ground of the contract to establish a right to collateral security (hereinafter “instant real estate”) as the Daegu District Court No. 4418, Feb. 18, 2016, as the Daegu District Court No. 4418, Jun. 30, 2014, with respect to the share of KRW 340/1058 (hereinafter “instant real property”).

2. According to the above facts, the establishment of the right to collateral security on the instant real estate by B to the Defendant is a fraudulent act detrimental to the Plaintiff, a creditor, barring any special circumstance. Thus, the right to collateral security contract between the Defendant and B should be revoked, and accordingly, the Defendant has the duty to cancel the registration of collateral security.

In light of the fact that the Defendant had a loan claim against B and obtained the establishment of the right to collateral as above to secure it, it is difficult to deem that the Defendant had a loan claim against B, and in light of the fact that the establishment of the right to collateral security has been done to a certain creditor under excess of the obligation constitutes a fraudulent act as seen above, and that there was no financial data on lending money between the Defendant and B, and that there was no financial data on lending money, and that the judgment on the establishment of the right to collateral security was made by the Plaintiff’s claim for reimbursement.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.