1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. B, on August 10, 201, under a joint and several surety C, agreed 75,000,000 won from the E-Order Savings Bank (hereinafter “E-Order Savings Bank”) at an overdue interest rate of 24% per annum and did not pay the principal and interest of the contract, thereby losing the benefit of time.

B. On June 19, 2014, the Plaintiff acquired the above claim against AD Savings Bank B, and notified the transfer of the claim to B on July 4, 2014.

C. The Plaintiff’s claim against the foregoing B is KRW 48,752,062, totaling the principal and interest of August 26, 2014.

On the other hand, on January 9, 2013, B entered into a mortgage agreement with the Defendant as to the real estate indicated in the separate sheet (hereinafter “instant real estate”) on the property owned by the Defendant, with the maximum debt amount of KRW 40 million and the Defendant’s mortgage agreement, and completed the registration on the same day.

E. The foregoing B was active property around January 2013, in the absence of any particular asset, other than the instant real estate.

F. The instant real estate was held by the Defendant’s application for voluntary auction, and the Defendant was distributed KRW 40,000,000 as a mortgagee in the distribution procedure.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence Nos. 6 and 7, and the fact inquiry results against the remaining head of the Gu at the time of port of this court, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion asserts that the establishment of the right to collateral security against the defendant on the instant real estate by the insolvent B constitutes a fraudulent act against the other creditors, and that the contract to collateral security between B and the defendant is revoked, and that the defendant is entitled to compensation for value by restitution.

B. According to the above facts of recognition, B created a right to collateral security to the Defendant so that it can be preferentially reimbursed compared to other creditors under insolvent, thereby reducing the joint security of other general creditors.