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1. The part against the defendant in the judgment of the first instance is revoked, and all of the plaintiff's claims against the defendant are dismissed.
2...
Reasons
1. The reasoning of the judgment by the court is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except in the following cases:
No. 5 of the first instance judgment of the court of first instance is written by adding the "mortgage-backed mortgage-backed contract" as the "mortgage-backed claim-backed claim-backed claim-backed claim-backed claim" in the first instance judgment of the court.
Part 5 of the first instance judgment, part 4 and 5 of the 5th judgment "the registration of the establishment of a neighboring mortgage as stated in the 2.b. paragraph (b) of this Article" shall be applied.
2. Determination
A. The conclusion of the instant mortgage contract to enable the Defendant, one of the creditors, to obtain preferential reimbursement under excess of the Plaintiff’s assertion, constitutes a fraudulent act as it harms the interests of other creditors, including the Plaintiff, and the Defendant’s malicious intent is presumed to be a beneficiary.
Therefore, the contract to establish a mortgage of this case between the defendant and A should be revoked as a fraudulent act, and the defendant is obligated to implement the procedure for cancellation of registration of cancellation of the registration of establishment of a mortgage of this case.
B. (1) Determination is based on the reasoning of the judgment of the first instance court that the existence of the preserved claim is identical to that of the third-party claim on the ground of the judgment of the court of first instance, and thus, this is cited pursuant to the main sentence of Article 420
(2) Whether a fraudulent act is established or not, an obligor’s act of offering real estate owned by him/her to any one of the creditors constitutes a fraudulent act in relation to other creditors, barring special circumstances. However, it is the best way for an obligor to continue the business by financing funds in a situation in which it is difficult to continue the business due to the financing, and it is inevitable to provide the obligor’s real estate owned by him/her as security to a specific obligee even if it exceeds his/her obligation in order to be supplied with the goods.