1. The part against the defendant in the judgment of the first instance shall be revoked;

2. Attached list between the defendant and the co-defendant B of the first instance trial.

1. The reasons why this court should explain this part of the facts are stated in Paragraph 1 of this part of the reasoning of the judgment of the court of first instance: Provided, That it deletes the indication "Defendant" in front of Co-Defendant C Exchange Construction Industry Co-Defendant C, A, B and SS Construction Co-Defendant C, and each "Defendant C" as "Defendant".

Therefore, it is accepted by the main sentence of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. The party’s assertion 1) The co-defendant B of the first instance trial is one-half of the real estate indicated in the separate sheet between the Defendant and the co-defendant B in excess of his/her obligation (hereinafter “instant real estate”).

2) As to the establishment of the right to collateral security (hereinafter “mortgage”).

(2) The registration of the establishment of a neighboring mortgage (hereinafter “the establishment of a neighboring mortgage of this case”) was concluded.

(2) The Defendant B provided the instant real estate to the Defendant as collateral and received new business funds from the Defendant to recover the debt repayment power, and thus, the instant mortgage contract does not constitute a fraudulent act.

In addition, the defendant is a bona fide beneficiary who was unaware of the fact that the mortgage contract of this case harms the general creditor B.

B. 1) Whether a fraudulent act is established or not requires that a claim protected by the obligee’s right of revocation has arisen, in principle, before an act that can be viewed as a fraudulent act has been performed. However, there has already been legal relations that are the basis of the establishment of a claim at the time of such fraudulent act, and there is high probability that a claim is established in the near future based on such legal relations, and in the near future, where a claim has been realized and its probability has been realized in the near future, the obligee’s right of revocation.