A. On February 26, 2015, C issued and delivered to the Plaintiff a promissory note as of March 20, 2015, the payee’s amount of KRW 375,000,000, and the due date of payment, and a notary public belonging to the Chuncheon District Prosecutors’ Office prepared and issued a notarized bill as of March 20, 2015.

B. On March 6, 2015, C concluded a contract to establish a collateral (hereinafter “instant real estate”) with the Defendant as to the establishment of a collateral (hereinafter “instant real estate”) and completed the registration of establishment of a collateral (hereinafter “instant collateral”) on the attached list (hereinafter “instant collateral”) to the Defendant.

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

2. The parties' assertion

A. The Plaintiff asserts that the instant mortgage contract should be revoked as a fraudulent act, as C entered into the instant mortgage contract with the Defendant as to the instant real estate, which is the only property of the Plaintiff, and the shortage of joint security against the general creditors like the Plaintiff deepens.

B. As to this, the defendant set up the instant mortgage in order to secure a loan claim against C, it is argued to the effect that the instant mortgage contract was not aware of the fraudulent act.

3. Determination

A. According to the facts found as above, C is obligated to pay to the Plaintiff the amount of KRW 375,000,000 and delay damages therefor, and the Plaintiff’s above amount of the Promissory Notes may be the preserved claim.

B. Fraudulent act and intent 1) An act of offering real estate, which is the sole property of an obligor, among creditors, as collateral for a creditor, is a fraudulent act in relation to other creditors, barring any special circumstance (see, e.g., Supreme Court Decision 2006Da47301, Feb. 23, 2007). 2) No. 3, and financial transaction information to a national bank of this court.