1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument of the court of first instance, and each evidence submitted by the court of first instance is acknowledged as legitimate even if each evidence submitted to the court of first instance was presented to this court.

Therefore, the reasoning for this court's explanation is as follows, except for the addition of "the next 2. Additional Judgment" as to the argument that the plaintiff emphasizes or adds to this case, and therefore, it is identical to the ground for the first instance judgment.

2. Additional determination

A. The defendant asserts to the effect that the restoration by the return of the original property, not equivalent compensation, should be made.

In a case where a juristic act on a certain real estate constitutes a fraudulent act, in principle, the revocation of the fraudulent act and the cancellation of the registration of the transfer of ownership, shall be ordered. However, in a case where the real estate on which the mortgage is established is transferred to a fraudulent act, such fraudulent act shall be deemed only to be established within the extent of the balance obtained by deducting the secured debt amount from the value of the real estate, and in a case where the registration of creation of a mortgage is cancelled by repayment, etc. after the fraudulent act, ordering the revocation of the fraudulent act and the restoration of the real estate itself to the extent that the portion that was not initially constituted a joint security of the general creditors would also result in a violation of fairness and fairness. Accordingly, it is only possible to seek the cancellation of the fraudulent act and the compensation

(2) In light of the above legal principles, the registration of the establishment of the first place of the instant real estate was cancelled after the said sales contract was concluded. In light of the above legal principles, the establishment of the first place of the instant real estate was canceled after the said sales contract was concluded.