1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.

1. Basic facts

A. B entered into a sales contract with E on February 21, 201 concerning real estate listed in the separate sheet (hereinafter “instant real estate”) and completed the registration of ownership transfer in the name of B on September 6, 201.

B. B requested F to offer the instant real estate as a collateral for lending money from A, and on April 7, 2014, F completed the registration of creation of a neighboring mortgage with respect to the instant real estate, the maximum debt amount of KRW 50,000,000, and the debtor B and the mortgagee A.

C. A around January 11, 2016, defects in an application for voluntary auction on the instant real estate based on the foregoing collateral security, and around January 15, 2016, B repaid KRW 50,000,000, which is the maximum debt amount of the said collateral security, with the funds raised by the Defendant, one’s own mother. A withdrawn the said application for voluntary auction and cancelled the registration of establishment of the said collateral security.

On the other hand, upon A’s request on January 15, 2016, B prepared a certificate to the effect that interest 17,000,000 won exceeds the maximum debt amount among the secured debt of the foregoing right to collateral security remains, and B provided a joint and several surety for the loan debt of F separately from the above debt amount of F to A.

(B) In addition, B, separate from the above debt, was also liable for the loan of KRW 15,00,000 on August 21, 2014.

B On March 28, 2016, the Defendant entered into a gift agreement with B to donate the instant real estate to the Defendant (hereinafter “instant gift agreement”) and completed the registration of ownership transfer on March 29, 2016 under the name of the Defendant with respect to the instant real estate.

E. At the time of concluding the instant gift contract, B was in excess of its obligation.

F. On June 7, 2017, B was declared bankrupt by Busan District Court 2016Hadan228, and the Plaintiff was appointed as B’s bankruptcy trustee, and the Plaintiff taken over the instant lawsuit filed by A.

[Ground of recognition] Facts without dispute, Gap's evidence Nos. 1 through 7, 9 through 16.