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1. With respect to portion A (E) of 1/4 of the volume of 2,000 square meters in 2,000 square meters before Sacheon-si:
A. Defendant C is the Changwon District Court private registry office.
Reasons
1. Facts of recognition;
A. A was declared bankrupt on January 24, 2017 by Changwon District Court 2016Hadan2134, and the Plaintiff was appointed as a trustee in bankruptcy.
B. On December 4, 2015, A entered into a mortgage agreement with Defendant C, the maximum debt amount of which is KRW 50 million, with respect to 1/4 equity (hereinafter “instant real estate”) out of 20,000 square meters, which is the only property in excess of the debt, and entered into a mortgage agreement with Defendant C on the same day (hereinafter “mortgage”). On May 30, 2016, A entered into a mortgage agreement with Defendant D with the maximum debt amount of KRW 47,60,00,000, which is the only property in excess of the debt amount, and completed a mortgage registration with Defendant D on the same day.
(A) Each of the above contracts to establish a mortgage of this case (hereinafter referred to as "each of the above contracts to establish a mortgage of this case"). 【No dispute over the basis of recognition】 entries in Gap 1 through 6 (including additional numbers), the purport of the whole pleadings.
2. Determination
A. “Act committed by an obligor, who is an act subject to avoidance as prescribed by Article 391 subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), includes not only the act of reducing the bankruptcy estate by deviating from the debtor’s general property, which is a joint security of all creditors, to a deviation from the bankruptcy estate, but also the act of reducing the bankruptcy estate by offering repayment or security against a specific creditor, such as the act of affecting the debtor’s property relationship with respect to a specific creditor, thereby favorableizing a specific creditor from the debtor’s distribution and undermining equal distribution among the bankruptcy creditors (see Supreme Court Decision 2011Da56637, 5644, Oct. 13, 201).
According to the above facts, the act of entering into each of the instant mortgage contracts with the Defendants as to the instant real estate, which is the only property under excess of the obligation of A, and completing the registration of establishment of each of the instant mortgages constitutes the act of offering a security to a specific creditor.