1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasoning of the court of first instance’s acceptance of the judgment is the same as that of the judgment of the court of first instance, except for the following cases, and thus, it is also acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The part of the judgment of the court of first instance, 3 pages 5 of the judgment, and 3 of the judgment of the court of first instance, “C, at the time of the instant mortgage contract, was in excess of the obligation exceeding the active property.”

In the judgment of the court of first instance, the portion of "the establishment of fraudulent act" shall be as follows.

B. An obligor in excess of his/her obligation to establish a fraudulent act constitutes a fraudulent act in relation to other creditors, barring any special circumstance, barring any special circumstance, providing the real estate owned by him/her to any one of the creditors, as a collateral security, constitutes a fraudulent act in relation to the other creditors, and the obligor and the beneficiary’s intent of deception is presumed (see Supreme Court Decision 2000Da25842, Mar. 29, 2002). On April 2, 2019, the Defendant stated that there was no dispute as to the fact that C was insolvent at the time of concluding the instant mortgage contract on the fifth day of pleading of the first instance court, but at the same time, the Defendant asserted that there was real estate included in C’s active property

However, even if the Plaintiff newly discovered “1/2 of the value of 266 square meters in Yangsan-si M& M. 266 square meters” includes active property, the Plaintiff’s active property of KRW 641,93,00,000, and the small property of KRW 604,81,964, and the small property of KRW 604,88,964 as of March 29, 2018, ② the above small property does not include the maximum debt amount of KRW 58,50,00 in the real property indicated in the separate sheet, ③ The above small property does not include the debt amount of KRW 58,50,00 in the global mortgage related G related to the real property indicated in the separate sheet, and ③ through the evidence No. 8, it can be confirmed that the above secured mortgage established with respect to G by December 11, 2019, which was not revoked. Thus, each of the above G’s debt was fully repaid before March 29, 2018.