1. The plaintiff's claim is dismissed.

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

1. When D, a creditor of the Plaintiff’s assertion, filed an application for a compulsory auction procedure for real estate auction (hereinafter “instant auction procedure”) with the Jeonju District Court C, and the instant auction procedure was conducted, the Plaintiff entered into an agreement with the Defendant that the Plaintiff borrowed KRW 600 million (hereinafter “instant notarial deed”) and the Defendant received dividends from the instant auction procedure, and then returned the dividends to the Plaintiff (hereinafter “instant agreement”).

Then, even though the Defendant received dividends in the first distribution procedure of this case 40,721,138 won, only a part of them were returned to the Plaintiff and did not implement the instant agreement. Thus, the Defendant was unable to participate in the distribution procedure with the instant notarial deed based on the instant agreement.

Nevertheless, the defendant, at the same time, participated in the distribution procedure of the instant auction procedure in accordance with the notarial deed of this case and received dividends of KRW 17,792,085, which should be corrected to pay dividends to the plaintiff.

2. The judgment under Article 327 of the Criminal Act provides, “A person who, for the purpose of escaping compulsory execution, has harmed the creditor by concealing, destroying, falsely transferring property or bearing false debts shall be punished by imprisonment for not more than three years or by a fine not exceeding 10 million won.”

This is enacted to protect the legitimate exercise of creditor's rights and protect the state's compulsory execution function.

Therefore, the above provision is a mandatory law, and a contract with the intention to escape from compulsory execution is also in violation of the mandatory law and thus its validity cannot be recognized.

Therefore, it is reasonable to deem that the instant agreement was concluded with the intention of evading compulsory execution in order to receive dividends from the instant auction procedure.