A. As to the ground H apartment I (hereinafter “instant apartment”), A created, on November 12, 2018, the right to collateral security of KRW 20,400,000 with respect to Defendant D’s maximum debt amount, and on December 6, 2018, the right to collateral security of KRW 168,00,000 with respect to Defendant E, including Yeongdeungpo-gu Seoul Metropolitan Government G, respectively.

B. On December 18, 2018, A entered into a lease agreement with Defendant C, setting the lease deposit amount of KRW 40,000,000 with respect to the instant apartment.

At the time of the conclusion of the above lease agreement, A and Defendant C agreed to substitute the above lease deposit with the loan bonds of Defendant C.

C. A filed a petition for bankruptcy with the Seoul Rehabilitation Court on January 28, 2019 (No. 2019Hadan322), and the court appointed the Plaintiff as the trustee in bankruptcy on May 13, 2019, when it declared bankrupt against A. D.

Of the voluntary auction procedure for the apartment of this case (Seoul Southern District Court F), on November 8, 2019, the distribution schedule was presented to Defendant C, which allocates KRW 29,047,432 as a tenant (16,00,000 as the highest tenant and the fixed date tenant, 13,047,432 as the tenant), Defendant D as the mortgagee, KRW 19,185,380 as the mortgagee, and KRW 147,410,410 as the mortgagee of the right to collateral security (hereinafter “instant distribution schedule”).

The Plaintiff raised an objection to the entire amount of dividends against the Defendants.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-6, 9, Gap evidence 6-8, the purport of the whole pleadings

2. Determination

A. The “act of having known that the debtor would damage the bankruptcy creditors”, which is an act subject to the avoidance under Article 391 subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act as to the cause of the claim, is not only 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, from the bankruptcy estate, but also the act of repaying the specific creditor or providing the security.