1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

3. The judgment of the court of first instance is ordered.

1. Basic facts

A. The Plaintiff is an agricultural corporation established for the purpose of the business of cultivating agricultural products, the business of distributing agricultural products, etc., and the Defendant B secured an unrestion trend from the owner of a dry field for distribution, which has yet to be planted in the dry field, by a contract for the sale and purchase of dry field en bloc, and then sells it to the third party under the contract for the sale and profit by selling it again.

B. On August 22, 2016, the Plaintiff remitted KRW 30,000,00 to B.

Since then, with respect to the above KRW 30,000,00, Defendant B was sentenced to a suspended sentence of three years and a sentence of 120 hours for the crime of fraud, including the crime of fraud, which read as follows: “The Defendant B was sentenced to a suspended sentence of three years and a sentence of 30,000 hours for community service work (Scheon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Decision 2017Ma473).

C. On September 8, 2016, Defendant B concluded a mortgage agreement with Defendant C, the maximum debt amount of which is 480,000,000,000 won with respect to each of the real estate listed in the separate sheet, which is the only property of Defendant C (hereinafter “each of the instant real estate”), and the Defendant B and the Defendant C, the mortgagee of the debtor B, and the mortgagee of the right to collateral security (hereinafter “instant mortgage agreement”). On the following day, Defendant B completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) under the receipt of No. 8674 on September 9, 2016, Defendant B was in excess of the debt at the time of entering into the instant mortgage agreement.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2, 4 and 9 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination as to the claim for damages

A. The facts of the above recognition as to the cause of the claim.