1. The contract to establish a right to collateral security concluded on August 10, 2015 with regard to the real estate stated in the attached Form B between the defendant and B is 12,42.

1. Facts of recognition;

A. B, on August 10, 2015, concluded a mortgage agreement with the Defendant regarding the attached real estate (hereinafter “instant real estate”) with the maximum debt amount of KRW 30 million (hereinafter “instant mortgage agreement”) with respect to the attached property owned by the Defendant (hereinafter “instant real estate”). On the same day, B entered into a mortgage agreement with the Defendant on the same day.

B. At the time of the instant mortgage contract, B was insolvent in excess of the active property.

C. In the instant case of voluntary auction of real estate in the instant court C, the said court prepared a distribution schedule on November 2, 2016. The Defendant received dividends of KRW 20,952,079 as the mortgagee of the instant case. The Plaintiff received all dividends from the mortgagee of the instant mortgage, but the Plaintiff did not receive dividends of KRW 12,442,132 from the person holding a provisional attachment right and did not receive dividends of KRW 12,442,132, among the Defendant’s dividends on the date of distribution, filed the instant lawsuit after raising an objection to the distribution against KRW 12,442,132

The registration of the establishment of the instant root was cancelled due to the sale of the instant real estate at the above voluntary auction.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 17, purport of the whole pleadings

2. Determination

A. When revoking a mortgage-backed contract as a fraudulent act, it is impossible to restore the original property if another person acquired ownership in the auction procedure and the registration of creation of a neighboring mortgage was cancelled. Therefore, if a beneficiary received dividends upon the termination of the distribution, the beneficiary shall order the return of the dividend. If the beneficiary received the dividend due to the provisional disposition prohibiting the creditor from paying the dividend, the beneficiary shall order the transfer of the dividend payment claim and the notification of the transfer of the claim. However, if the creditor raised an objection against the part of the beneficiary's dividend by attending the auction on the date of distribution.