1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 16, 2012, Live Capital Loans Co., Ltd. lent KRW 4,000,000 to B at interest rate of KRW 38.26% per annum and due date of payment on August 25, 2015.

B. On August 13, 2014, Li Capital Loan Co., Ltd.: (a) transferred the above loans to Ei-Friendly Savings Bank Co., Ltd.; (b) on December 11, 2015, Ei-Friendly Savings Bank Co., Ltd. (hereinafter “Ei-Friendly Savings Bank Co., Ltd.”) in sequential order, and notified B thereof.

The principal and interest of the loan claim against the above-mentioned B that the plaintiff finally acquired is KRW 5,619,019 as of January 11, 2016.

C. On February 5, 2015, B concluded a mortgage agreement (hereinafter “instant mortgage agreement”) with the Defendant as to the real estate indicated in the separate sheet (hereinafter “instant building”) on its own ownership, and completed the registration of the establishment of a mortgage (hereinafter “instant mortgage registration”) with the Defendant with the Busan District Court No. 10547, which was received on February 5, 2015 from the Busan District Court Branch Branch Kimpo-so, the registration of the establishment of a mortgage amount of KRW 45,000,000 with the maximum debt amount of KRW 10,000.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination on the cause of the claim

A. 1) The Defendant’s act of entering into the instant mortgage contract with the Defendant as to the instant building, the sole property of which Plaintiff B was insolvent, and completing the registration of the instant mortgage constitutes a fraudulent act, and thus, the Defendant is obligated to cancel the registration of the instant mortgage. 2) The Defendant, as a credit service provider, as the Defendant, extended KRW 30,000,00 to B on February 5, 2015, completed the instant registration of the instant mortgage for the purpose of collateral security, and the Defendant repaid the Defendant’s debt with the above loan, and thus, the conclusion of the instant mortgage contract and the instant registration of the instant mortgage does not constitute a fraudulent act.

In addition, the defendant did not know that the defendant exceeded the obligation of B, and thus the beneficiary is bona fide.