1. On February 28, 2018, the Daejeon District Court was drafted by the said court with regard to the case of the voluntary auction of real estate C with Hongsung Branch District Court.

1. Basic facts

A. On July 27, 2016, A completed the registration of the establishment of a neighboring mortgage at KRW 100,000,000 on the ground of the contract concluded as of July 15, 2016, to the Defendant, a creditor of the E Co., Ltd., which was the creditor of the E Co., Ltd., as to the detached house on the ground of the D’s own possession on the grounds of the contract

(hereinafter “instant collateral security”). B.

On February 28, 2018, the Defendant filed an application for a voluntary auction of real estate with this court C. On the date of distribution, on February 28, 2018, the Defendant prepared a distribution schedule that distributes KRW 39,077,014, which is the right to collateral security, to the Defendant, and KRW 25,455,059, and KRW 15,622,321, which is the right to collateral security, to the Defendant.

C. On August 22, 2017, the Daejeon District Court declared bankrupt as to A, appointed the Plaintiff as the bankruptcy trustee of A. D.

The Plaintiff raised an objection to the total amount of dividends of the Defendant on the date of distribution, and thereafter filed the instant lawsuit on March 2, 2018, within one week thereafter.

[Judgment of the court below] Facts without dispute, Gap's evidence of subparagraphs 1 through 5, and the purport of the whole pleadings

2. Determination

A. In full view of each of the statements in Gap's insolvent and the exercise of the avoidance power (1) Gap's evidence Nos. 7 through 10, and 12, the market price of the above house was 114,379,030 won, although at the time of the contract of the right to collateral security of this case, Gap was the sole active property, contrary to the fact that at the time of the contract of the right to collateral security of this case, Gap was responsible for the debt of KRW

Therefore, at the time of the instant mortgage contract, A was in excess of the obligation.

(2) In regard to this, the Defendant asserted that, at the time of the establishment of the instant right to collateral security, A owned a total of KRW 4.8 billion property (in addition to the instant right to collateral security, F, Chungcheong Budget-gun G, Chungcheongnamnam Budget-gun H, Chungcheongnamnam Budget-gun I), and held a claim for oil sales amount of at least one billion won, and thus, it is not insolvent. However, the Defendant asserted that each of the above land and buildings claimed by the Defendant are owned by A.