1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On July 1, 2010, the Plaintiff loaned KRW 200 million to E, and KRW 10 million on December 31, 2010 on the same month by the due date for repayment. When E is unable to repay it, the Plaintiff issued and delivered a notarial deed of a monetary loan for consumption to the Plaintiff on March 26, 2014, with a purport to pay KRW 210 million to the Plaintiff by December 31, 2014, and the wife of E jointly and severally guaranteed the said obligation to the Plaintiff.

B. After that, C borrowed KRW 50 million from the Defendant on April 10, 2014, and entered into a promise to return substitutes (hereinafter “instant promise to return substitutes”) with the Defendant as to the size of 886 square meters (hereinafter “instant real estate”) prior to Ansan-si, Ansan-si (hereinafter “instant real estate”). On April 10, 2014, C completed the registration of transfer of ownership security on the instant real estate with the Defendant as the head of Suwon District Court’s Ansan-gu, No. 35197, Apr. 10, 2014.

C. Meanwhile, on November 8, 2005, the right to collateral security of the creditor J, K, the debtor C, and the maximum debt amount of 200 million won is established with respect to the instant real estate, and the market price at the time of April 10, 2014 is KRW 163,024,00.

[Ground of recognition] Unsatisfy, Gap evidence 2, 3, Eul evidence 1 to 3 (including paper numbers), the result of the appraisal commission to the appraiser L of this court, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The purport of the Plaintiff’s assertion is that C’s promise to return the substitute of this case is an act of offering the real estate to a specific creditor as security in excess of the debt, and constitutes a fraudulent act against the general creditors including the Plaintiff.

Therefore, the reservation for return of the above substitute must be revoked, and the defendant, the beneficiary, has the obligation to implement C with the procedure for cancellation of the registration of transfer of ownership as to the real estate in this case.

B. In general, if a security right has been established on a real estate owned by an obligor, only the remainder after deducting the amount of the secured claim.