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

A. On October 15, 2008, the Plaintiff was transferred from the bankruptcy trustee of the Korea Deposit Insurance Corporation of the Korea Credit Cooperatives of Incheon District Court 2014 Gohap9776 (former), the claim against C based on the final and conclusive judgment in the damages claim case (the principal of the damages claim is KRW 125,00,000 and the damages for delay).

B. On August 20, 2013, the Defendant sold the instant real estate to C, and completed the registration of ownership transfer on August 30, 2013.

C. On December 16, 2013, C entered into a mortgage agreement with the Defendant and the instant real estate (hereinafter “mortgage agreement”) with the maximum debt amount of KRW 50,00,000,00, and the debtor C and the Defendant’s right to collateral security (hereinafter “mortgage agreement”). On the same day, C concluded a mortgage agreement with the Defendant as the registration office of the Incheon District Court (hereinafter “instant right to collateral security”). On the same day, C completed the registration of creation of a neighboring mortgage (hereinafter “right to collateral security”).

At the time of this case’s mortgage contract, C was in excess of the obligation, and the real estate of this case was the only real estate.

[Ground of recognition] Gap evidence Nos. 1 through 4 and Eul evidence Nos. 1 (including branch numbers for those with additional numbers), each fact inquiry result of this court, the result of the order to submit tax information, the purport of the whole pleadings

2. Determination

A. According to the above facts as to whether a fraudulent act and intent to commit suicide are acknowledged, the mortgage contract of this case, which is the only real estate of this case that the debtor C, while over obligation, provides the defendant with the real estate as security, constitutes a fraudulent act detrimental to other creditors, including the plaintiff, and the defendant's bad faith as the debtor C and the beneficiary is presumed.

B. The fact that the Defendant recognized the Defendant’s good faith, ① owned the instant real estate from around 2003 to August 20, 2013, and concluded a sales contract with C as to selling KRW 100,000,000 for the purchase price (20,000,000 for the contract and the remainder of KRW 80,000 for the contract and the remainder of KRW 80,000 for the payment agreement on September 5, 2013.

At the time of the above sales contract.