1. A contract establishing a right to collateral security concluded on March 30, 2018 with the Defendant and C regarding the real estate stated in the attached list.

1. Basic facts A Co., Ltd. extended a loan to C as of March 26, 2009: (i) 12% of interest rate of KRW 3 billion on March 26, 2009; (ii) 12% of interest rate of KRW 3.5 billion on April 17, 2009; (iii) 12% of interest rate of KRW 8.5 billion on April 17, 2012 due; and (iv) June 22, 2009 due date for payment; (v) interest was not paid from around July 27, 2011 to C; and (v) currently, the principal debt of KRW 42.4 billion (1.5 billion, interest of KRW 8 billion; 2.7 billion, KRW 8.7 billion) with the principal debt of KRW 8.7 billion on April 27, 2012.

On August 31, 2012, the above A Bank was declared bankrupt by the Suwon District Court (2012Hahap23) and was appointed by the Plaintiff as a trustee in bankruptcy.

On June 27, 2014, the Plaintiff provisionally seized the real estate indicated in the attached Form C’s ownership (hereinafter “instant real estate”) with a claim amounting to KRW 50 million as KRW 50 million.

On the other hand, C concluded a mortgage contract with the defendant on March 30, 2018 regarding the instant real estate (hereinafter “mortgage contract”) and completed the registration of establishment of a mortgage on the same day.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination:

A. In the event that the registration of provisional seizure is first made on the real estate in existence of the preserved credit and the registration of establishment of a neighboring mortgage is completed, if the actual amount of credit of the creditor exceeds the amount of credit of provisional seizure, the act of disposal by the debtor is a fraudulent act that reduces creditors' joint collateral, and the creditor's right of revocation may be exercised by making the portion of the credit as the preserved credit.

(See Supreme Court Decision 2007Da77446 Decided February 28, 2008). As seen earlier, even if the Plaintiff’s loan claim against C is excluded from the amount of claim 50 million won by provisional attachment, the Plaintiff’s loan claim reaches KRW 42.39 billion, and the above claim was already established prior to the instant contract for establishing the right to collateral security.