1. On October 29, 2014, a contract concluded between the Defendant and B on the assignment of claims between the Defendant and B regarding the claims indicated in the separate sheet is 136,02.

1. Facts of recognition;

A. B bears the Plaintiff’s obligation of loans, etc. from February 18, 2009. The amount reaches KRW 136,022,187 as of June 24, 2016 (i.e., the obligation of loans amounting to KRW 131,527,89).

B. B had the right to collateral security as to E’s share of 3,967/10,063 square meters of 10,063 square meters of Jeonnam-gun, Chungcheongnam-gun, and D forest land (hereinafter “instant share”). On October 29, 2014, B transferred to the Defendant the aforementioned right to collateral security on the ground of the transfer of the claim indicated in the attached list secured by the said right to collateral security on October 27, 2014.

C. On February 3, 2016, the Defendant applied for a voluntary auction on the instant shares, and received the total amount of KRW 196,376,040, which is the distributable amount as the applicant creditor and the mortgagee, at the auction procedure conducted with the wooden Branch F of the Gwangju District Court.

On the other hand, B was in a state of excessive debt at the time of the transfer of the above credit, and the apartment house located in Gwangju North-gu G was also sold to a third party on Nov. 17, 2014, and was owned and sold on Apr. 13, 2015.

[Ground of recognition] The fact that there is no dispute, Gap's evidence Nos. 1 through 15, fact-finding results of this court's fact-finding, the purport of the whole pleadings

2. Determination

A. According to the facts of the recognition of the establishment of a fraudulent act, the act of transferring the above-mortgage-mortgage-mortgage-mortgage-backed claims that B may be evaluated as his/her only property under excess of his/her debt to the defendant, who is a title holder, constitutes a fraudulent act

The defendant who received the above claim from B is presumed to have entered into the above assignment contract with the knowledge of such circumstances.

In this regard, the defendant transferred the above collateral security claim to B in order to continue the business by financing the funds.