A. On April 4, 2018, A entered into a mortgage agreement with the Defendant regarding the Daejeon Seo-gu E Apartment F (hereinafter “instant real estate”) with the maximum debt amount of KRW 10,400,000 and the mortgagee’s mortgage agreement with the Defendant. On the same day, on April 4, 2018, the registration of the establishment of a mortgage was completed near Daejeon District Court Daejeon District Court No. 6897, Apr. 4, 2018.

(hereinafter “instant collateral security”). B.

On January 23, 2019, upon the application of the creditor G Co., Ltd., the compulsory auction procedure regarding the instant real estate was initiated as Daejeon District Court D on January 23, 2019, and on April 11, 2019 upon the application of the creditor H Co., Ltd., the voluntary decision to commence the auction on the said real estate was made and two cases were

(hereinafter “instant auction procedure”). C.

On the other hand, Daejeon District Court Decision 2018Hadan10632, 2018 Ma10632 and 2018, A requested bankruptcy and exemption and was declared bankrupt on May 14, 2019.

The plaintiff was appointed as a trustee in bankruptcy of A. D.

In the instant auction procedure, the instant real estate was sold on October 21, 2019.

In preparing a distribution schedule on November 14, 2019, the auction court distributed KRW 10,400,000 to the Defendant, who is the mortgagee of the instant case.

The plaintiff raised an objection against the whole amount of dividends to the defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 15, the purport of the whole pleadings

2. Determination

A. The "act that the debtor knows that it would prejudice any bankruptcy creditor", which is an act of setting aside under Article 391 subparagraph 1 of the Debtor Rehabilitation and Bankruptcy Act, is not only an act of reducing the bankruptcy estate by deviating from the debtor's general property, which is a joint security of all creditors, from the bankruptcy estate, but also an act that affects the debtor's property relationship, such as repayment to a specific creditor or provision of security, thereby favorable to any specific creditor from the distribution of dividends.