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. Basic facts

A. As between the Defendant and C on July 1, 2013, the Defendant entered into a contract to establish a mortgage (hereinafter “mortgage”) with the debtor C, the maximum debt amount of KRW 200,000 with respect to the instant real estate, and completed the registration of establishment of a neighboring mortgage on July 2, 2013.

B. On July 8, 2013, the Plaintiff completed the provisional seizure of real estate with the claim amounting to KRW 25,000,000 by Sungwon District Court 2013Kadan3210 with respect to the instant real estate (hereinafter “the first provisional seizure”), and completed the provisional seizure of real estate with the claim amounting to KRW 30,00,000 by Sungwon District Court 2013Kadan3454 (hereinafter “the second provisional seizure”), and completed the provisional seizure registration on July 25, 2013 (hereinafter “the second provisional seizure”).

On October 1, 2013, the procedure for the auction of real estate was commenced as Suwon District Court Branch D with regard to the instant real estate. On May 8, 2014, the said court prepared a distribution schedule with the purport that the Defendant, who is the mortgagee of the instant real estate, distributes KRW 160,46,046 to the Defendant, who is the mortgagee of the instant real estate, and excluded the Plaintiff from the distribution of dividends (hereinafter “instant distribution schedule”). The Plaintiff appeared on the date of distribution on the same day, and raised an objection against the part of KRW 70,000 among the Defendant’s dividends.

On the other hand, on April 1, 2014, the Korea Credit Guarantee Fund received a decision from the Seoul Central District Court 2014Kahap80191 on the defendant's right to claim the withdrawal of dividends based on the above distribution schedule as to the defendant's right to claim the withdrawal of dividends under the above distribution schedule and received a provisional disposition prohibiting the payment of dividends and the provisional disposition prohibiting the disposal of dividends, the said dividends are deposited with the Suwon District Court 165

E. At the time of the establishment of the instant right to collateral security, C took full charge of the instant real estate as active property in excess of debt.

[Reasons for Recognition] Each entry and whole purport of oral argument in Gap's Evidence Nos. 1, 2, 4, 5, 7, 8, 9, 11, and 12 (including additional numbers)

2. Determination

A. As to the establishment of fraudulent act, evidence Nos. 2-1, 2, 11, and 12-1, and the purport of the whole pleadings.