A. On June 10, 2014, the Plaintiff filed an application with the Seoul Western District Court for a payment order with the Seoul Western District Court No. 2014M 41378, and on June 10, 201, the Plaintiff received from the above court the payment order that “B shall pay to the Plaintiff KRW 47,167,368, and KRW 13,209,118 from February 8, 2001 to July 13, 2004, KRW 18% per annum; and KRW 20% per annum from the following day to the date of full payment.” The said payment order was finalized on August 19, 2014.

B. On January 12, 2017, B entered into a mortgage agreement on the real estate listed in the separate sheet (hereinafter “instant real estate”). On the same day, B concluded a mortgage agreement with the Defendant (hereinafter “instant mortgage agreement”) with respect to the said real estate as the Seoul Northern District Court’s receipt of the maximum debt amount No. 2629 on January 12, 2017, on the same day, B completed the registration of the establishment of the right to collateral security (hereinafter “registration of the instant right to collateral security”).

C. B, at the time of establishing the instant mortgage, did not have any particular property other than the instant real estate as active property, while it was against the Plaintiff as passive property.

The debt based on the payment order stated in the Paragraph, the debt with the maximum debt amount of KRW 143 million against the bank, and the debt with the loan amount of KRW 143 million against the defendant was in excess of the debt amount.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 2-1 to 4, the purport of the whole pleadings

2. Determination

A. (1) The debtor's act of providing real estate, the sole property of which has already been in excess of his/her obligation, to one of the obligees as security for claims is a fraudulent act subject to creditor's right of revocation in relation to other obligees unless there are other special circumstances. The debtor's act of offering security to a third party constitutes an objective fraudulent act.