A. On June 15, 2015, the Plaintiff loaned KRW 100 million to G Co., Ltd. (hereinafter “G”), and F jointly and severally guaranteed the loan obligation.

B. On December 15, 2015, F: (a) on the real estate indicated in the attached list, on December 15, 2015, the Defendant Company created a right to collateral security of KRW 30 million with a maximum debt amount of KRW 30 million with a debtor as G (hereinafter “H”); and (b) completed the registration of ownership transfer based on donation on March 15, 2016 to Defendant C on February 25, 2016.

At the time of each contract to establish a mortgage and a donation contract, F was in excess of the obligation.

C. G failed to pay interest to the Plaintiff from October 17, 2016, and on February 2, 2017, G lost its benefit of time due to the termination of the loan agreement.

【Ground for Recognition: Facts without a partial dispute, entry of Gap evidence 1 through 5, the court I, and the fact-finding results of each fact-finding to J Co., Ltd., the purport of the entire pleadings】

2. According to the facts of the determination as to the cause of the claim, the F in excess of the debt constitutes a fraudulent act which reduces the liability property provided as joint collateral, and thus, the Defendants, a beneficiary, are presumed to have been malicious. Thus, barring any special circumstance, each of the above contract establishing a mortgage and the contract establishing a gift shall be revoked, and the Defendants, due to its restitution, shall be obliged to F to cancel the registration of establishment and the registration of transfer of ownership of each of the instant real estate.

3. As to the determination of Defendant C’s assertion, Defendant C asserted that the instant real estate does not constitute a fraudulent act even if it was donated as it has no value as a responsible property, considering the deposit for lease on a deposit basis with respect to the instant real estate. However, the instant real estate is not a fraudulent act.