1. The contract to establish a right to collateral security concluded on March 17, 2016 between Defendant A and C regarding the real estate stated in the attached list.

1. Basic facts

A. The Plaintiff filed a lawsuit against C with the Seoul Central District Court No. 2013 Ghana5703484, and the said court rendered a judgment on January 24, 2014 that “the Defendant shall pay to the Plaintiff the amount of KRW 20,819,450 and KRW 18% per annum from August 23, 2003 to the date of full payment” (hereinafter “instant judgment”).

The above judgment became final and conclusive around that time.

B. On March 17, 2016, C entered into a mortgage agreement with Defendant A with the maximum debt amount of KRW 22,50,000,000 with respect to the real estate indicated in the separate sheet, which is the only real estate (hereinafter “instant real estate”), as indicated in the separate sheet, which is the only real estate of Defendant A (hereinafter “instant real estate”). On March 18, 2016, C concluded a mortgage agreement with Defendant A with the debtor, C, and Defendant A as the mortgagee, and completed the registration of the establishment of the neighboring real estate as indicated in the separate sheet

C. On September 13, 2016, C entered into a mortgage agreement with Defendant B on the instant real estate, which is the only real estate with Defendant B, with the maximum debt amount of KRW 24 million, the debtor C, and the mortgagee B (hereinafter “instant mortgage agreement”). On the same day, C concluded a mortgage agreement with Defendant B on the same day.

C was in excess of the obligation at the time of entering into the instant 1 and 2 collateral creation contract.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, and purport of the whole pleadings

2. Determination

A. The Defendant’s existence of the preserved claim has a claim against C with the judgment amount of this case, and the above claim was already established at the time of entering into a contract for the creation of the first and second collateral mortgage of this case.

Therefore, the above claim is a preserved claim of the obligee's right of revocation seeking the revocation of the contract for the first and second collateral creation of this case.

(b)the debtor is the sole property of the debtor, not having been in excess of his/her obligation due to the establishment of the fraudulent act and the intention of deception.