A. D Co., Ltd. (hereinafter “Nonindicted Company”) was loaned KRW 300 million from the Defendant on April 24, 2007.

B. On May 7, 2013, the non-party company was demanded by the Defendant to repay the loan obligations by extending the loan by means of repayment of a part of the loan obligation at the maturity of the above loan obligation.

C. A, the representative director of the non-party company, provided the Defendant with real estate listed in the separate sheet owned by him as collateral for the above loan obligation (hereinafter “the instant house”) and extended the maturity of the above loan obligation. On May 7, 2013, A, on the same day (hereinafter “instant mortgage contract”) with respect to the instant house, 138 million won was the maximum debt amount, and the non-party company and the Defendant’s second priority mortgage (hereinafter “the Defendant’s second priority mortgage contract”).

On December 2, 2013, A filed a petition for bankruptcy with the Busan District Court 2013Hadan3246, and was declared bankrupt on April 23, 2014, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.

E. On December 6, 2013, the instant housing was voluntarily decided by Busan District Court C on December 6, 2013, and on September 26, 2014, the distribution schedule was prepared in which the Defendant received dividends of KRW 16,969,602 as a second-class mortgagee.

F. The Plaintiff appeared on the date of distribution of the above voluntary auction and stated an objection to the whole amount of the Defendant’s dividends.

[Ground of recognition] Facts without dispute, entry in Gap 1 through 4, purport of whole pleadings

2. Determination

A. The act of reducing the bankruptcy estate by deviating from the bankruptcy estate the general property of the debtor, which is the joint security of the total creditor, is an act subject to avoidance as stipulated in Article 391 subparagraph 1 of the Debtor Rehabilitation Act, as well as the act of reducing the bankruptcy estate.