1. The plaintiff's claim is dismissed.

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

On September 5, 2013, the Defendant entered into a mortgage contract with C as to the instant real estate and completed the registration of the establishment of collateral security stated in the purport of the claim as the obligor C, and there is no dispute between the parties. According to the evidence No. 2, it is recognized that the Plaintiff was written with a written statement of payment that, on June 26, 2013, D is liable for joint and several liability with respect to the amount of KRW 50 million out of the amount of 80 million that D shall pay to the Plaintiff.

The plaintiff's assertion is that C entered into a mortgage contract with the defendant who is doubtful of the existence of the claim at least two months from the date when C written statement of payment was drawn up with the plaintiff, and even if the defendant's claim exists.

However, this constitutes a fraudulent act which deviates from the liability property for the general creditor like the Plaintiff, and the defendant is presumed to have been well aware of such circumstances since C was in a special position as the auditor of the company established by C. Thus, the above contract to establish a mortgage should be cancelled, and the defendant is obligated to implement the procedure for registration of cancellation of the above contract to restore the original state to its original state. The defendant's assertion is that C was a bona fide employee of the company it operated by C, and it was 107,910,000 won in total from September 27, 201 to September 3, 2010. Since C was a bona fide employee of the company it was a bona fide employee of the company established by C, it is difficult to view that the above contract to establish a mortgage was established by C as above, and the debtor's act of repayment was not a fraudulent act because of the growing amount, and it would not be prejudicial to any other creditor.