A. On March 24, 2009, the Plaintiff loaned KRW 232,500,000 to B.

B. B did not pay the principal, interest, etc. of the above loan. Accordingly, on March 28, 2014, the Plaintiff filed a loan claim lawsuit against B, and the Plaintiff was finalized around that time with the Busan District Court Decision 2013Da90088, stating that “B shall pay to the Plaintiff 256,68,185 won and 232,50,000 won with interest rate of 20% per annum from November 9, 2013 to the date of full payment.”

C. B, on February 6, 2013, registered the establishment of a mortgage (hereinafter “registration of the establishment of a mortgage of this case”) with respect to the real estate indicated in the separate sheet (hereinafter “the instant real estate”) that is one’s sole property under excess of debt, the maximum debt amount of KRW 84 million was incurred by the Defendant on February 5, 2013, 2013.

At the time, the instant real estate had priority over the mortgagee’s right to collateral security of KRW 249,60,000,000,000,000,000,000,000,000 won, and the actual amount of the secured debt was 192,000,000,000 won or more.

[Ground of recognition] Facts without dispute, Gap 1, 2, and Eul 3, the purport of the whole pleadings

2. Determination

A. The act of an obligor, who is already missing in excess of his/her obligation, provides real estate, the only property of which is his/her creditor, to any one of the creditors as collateral for claims, constitutes a fraudulent act in relation to other creditors, barring special circumstances. The same applies to cases where the secured creditor is the maximum creditor and the market value of real estate falls short of the secured creditor'

(see, e.g., Supreme Court Decision 86Meu83, Sept. 23, 1986). According to the above facts of recognition, B concluded a contract to establish the instant mortgage and set up the right to collateral security against the Defendant.