1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff lent KRW 50,000,00 to C around September 2010.

On October 30, 2017, the Plaintiff filed an application for compulsory auction on the land stated in C’s purport as the claim claim amounting to KRW 73,972,60 of the principal and interest on the loan, and the decision to commence compulsory auction was completed on November 10, 2017.

B. On November 9, 2017, the Defendant concluded a mortgage contract, which constitutes a maximum debt amount of 28,000,000 with respect to C and the land, and completed the establishment registration prior to the written claim on the same day.

[Reasons for Recognition: Facts without dispute, Gap 1, 6, 7, 8, 12, 13, the purport of the whole pleadings]

2. The parties' assertion

A. The Plaintiff’s assertion is the only property of C, and its value does not extend to KRW 73,972,60,000, which is the amount of the Plaintiff’s claim.

Therefore, C was in excess of the debt, and it is a fraudulent act because C established the right to collateral security to the Defendant with respect to the above land, which is its sole property under such circumstances.

The defendant is a malicious beneficiary who has been established a right to collateral security while knowing the excess of C's liabilities.

B. The defendant's assertion is a bona fide beneficiary who did not know of C's excess of debt.

3. Determination

A. Facts 1) The Defendant is a person who engages in credit business under the trade name of Eul. Upon C’s request for real estate security loan, the Defendant confirmed that there was no collateral security or provisional attachment on the register of the pertinent land and there was no default on taxes, and subsequently lent KRW 20,000,000 to C on November 9, 2017, interest rate of KRW 24% per annum, overdue interest rate of KRW 27.9% per annum, and due date of payment on November 9, 2022, and the said mortgage was established as security. 2) around November 9, 2017, which is the date of establishment of the above collateral security right, with C’s property, around November 9, 2017, it was assessed as KRW 102,815,400 in the above case of compulsory auction.

[Grounds for Recognition: 14, 14, 1 to 15, and the purport of the whole pleadings]

B. C's establishment of the above right to collateral security, which is a fraudulent act asserted by the Plaintiff.