A. The Plaintiff purchased the real estate indicated in the attached list (hereinafter “instant real estate”) and F 376 square meters in Ulsan-gun, Ulsan-gun, and G 10 square meters in accordance with the contract title trust agreement with E, and completed the registration of ownership transfer under the name of E.

B. On May 30, 2014, E died on May 30, 201, and C and D, as co-inheritors, completed the registration of ownership transfer on December 31, 2014, with respect to each of the shares of 1/2 of the instant real estate due to inheritance.

C. The Plaintiff filed a lawsuit seeking restitution of unjust enrichment against C and D. However, on November 9, 2016, the appellate court (Seoul High Court 2016Na52104) recognized that there was a contract title trust agreement between the Plaintiff and E, and sentenced C and D to pay the amount of KRW 210 million, each of which was the purchase fund, and the delay damages therefrom, on the ground that E was unjust enrichment.

C: (a) On May 11, 2017, the Plaintiff completed the registration of creation of a collateral security (hereinafter “registration of creation of the instant collateral security”) on the instant real estate by the Supreme Court No. 75176, May 12, 2017, stating that the maximum debt amount is KRW 300 million, the obligor C, D, and the Defendant of the right to collateral security (hereinafter “instant contract”).

E. At the time of the above contract to establish the right to collateral security, C, D was insolvent.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 11 (if any), the purport of the whole pleading

2. Determination

A. According to the facts of the recognition of the existence of the preserved claim, it can be recognized that the Plaintiff’s claim against C and D was established at the time of establishing the instant mortgage contract.

B. Where the debtor's property is insufficient to fully repay the debtor's property, if the debtor provided his/her property to a certain creditor as payment in substitutes or as a security, it would immediately be another creditor's interest, unless there are special circumstances.