1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

1. The reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the following parts, and thus, it is acceptable to accept it as it is in accordance with the main sentence of

However, “Defendant A” is considered as “Co-Defendant A of the first instance trial,” and “Defendant B” as “Co-Defendant B of the first instance trial.”

2. Re-use part of the judgment of the first instance (hereinafter referred to as the third 14th son of the judgment of the first instance) with respect to each real estate listed in attached Forms 1 and 2 (hereinafter referred to as “each of the instant real estate”) between the co-defendant B (hereinafter referred to as “B”) of the first instance trial and the Defendant, June 5, 2013 and the same month.

7. The assertion that a contract to establish the right to collateral security (hereinafter referred to as “each of the instant contracts”) concluded constituted a fraudulent act is sought to cancel each of the instant contracts and to cancel the registration of creation of the right to collateral security (hereinafter referred to as “registration of creation of each of the instant mortgages”) established on each of the instant real estate in accordance with each of the instant contracts for restitution to its original state.

Fraudulent act refers to the act detrimental to the creditor by preventing the debtor from exceeding his/her obligation by reducing active property or increasing his/her negative property, or by deepening that the debtor has already been in excess of his/her obligation.

In addition, the debtor's act of setting up a collateral on his/her own real property to secure a third party's obligation, which leads to a decrease in the debtor's property for the general creditors as a result of the debtor's collateral value. Thus, the debtor's act of setting up a collateral on his/her real property to secure a third party's obligation, only the balance remaining after deducting the amount of the secured debt held by other creditors within the scope of the maximum debt amount, shall be assessed as the debtor's active property. If

Supreme Court Decision 2010Da64792 Decided January 12, 2012 and Supreme Court Decision 201Da64792 Decided June 11, 2015.