The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

1. The reasoning of the judgment of the court of first instance concerning the instant case is as stated in the reasoning of the judgment of the court of first instance, in addition to adding “additional judgment” as follows, to the part of the judgment on the Defendant’s bona fide defense by the reasoning of the judgment of the court of first instance 2-C, which is based on the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The addition;

D. (1) Additional determination (1) In the event of cancelling a contract to establish a mortgage as an act of deception, if ownership is acquired by another person and the registration of establishment of a mortgage has been cancelled, it is impossible to return the original object. Thus, in the event a beneficiary receives dividends due to the termination of the distribution, the beneficiary shall be ordered to return the dividends. In the event that a beneficiary fails to receive dividends in reality due to the creditor's disposition of prohibition on the payment of dividends, the beneficiary shall be ordered to transfer the dividend payment claim and notify the transfer of the claim. However, if the creditor was present on the date of distribution and raised an objection against the part of the beneficiary's dividends, the creditor may file a lawsuit seeking revocation of the act of deception, and in this case, the court must cancel the contract to establish a mortgage only to the extent that the creditor's claim is not satisfied without considering the existence of other creditors than the pertinent creditor who filed a lawsuit for objection, and in light of the legal principles as seen above, the Plaintiff shall be ordered to delete the amount of dividends of the beneficiary only at the date of auction (see Supreme Court Decision 2000Da17371, Jan. 27, 20001, 2001.