1. The plaintiff's claim is dismissed.

2. The case involving the claim of denial between the above parties to Busan District Court on January 1, 2014

1. Basic facts

A. B (hereinafter “debtor”) filed an application for bankruptcy and discharge on September 12, 2013 with the Busan District Court 2013Hadan2527, 2013, 2527, and was declared bankrupt on July 25, 2014.

B. The debtor, who operated one-time shop, has been in insolvency status around April 2013 due to the accumulated debt from around 2012 to the creditor's debt repayment demand, and due to the total amount of 219 billion won and the debt equivalent to the total amount of 200 million won.

C. On April 9, 2013, upon the Plaintiff’s request, the obligor created a right to collateral security (hereinafter “instant right to collateral security”) with respect to the obligor B, the mortgagee, and the maximum debt amount of KRW 80,000,00 with respect to the second floor No. 14 (hereinafter “instant real estate”) owned by the obligor, Busan Northern-gu, Busan-gu, Busan-do. D (hereinafter “instant real estate”).

On February 17, 2017, the Defendant, the bankruptcy trustee of the debtor, filed a claim for avoidance of mortgage registration with Busan District Court 2014. On the ground that the debtor’s act of setting up the instant collateral security to the plaintiff constitutes an act of setting up a security right that grants preferential repayment to the plaintiff only, and constitutes an act of harming bankruptcy creditors, the court rendered a ruling that “the plaintiff shall implement the registration procedure for setting up the mortgage registration of the establishment of collateral security on the instant real estate registered with the Busan District Court 2013 Northern District Court 1988, Apr. 9, 2013” (hereinafter “instant ruling”).

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 3, purport of whole pleadings

2. The Plaintiff’s assertion B opened a store by proposing the Plaintiff, who had worked at one’s own shop. Around 2009, the Plaintiff had a claim of KRW 55 million against B during the process of transferring the lease contract of the store leased by the Plaintiff to B. The instant collateral security right was established to secure the said claim, and is for financing for rehabilitation purposes.