1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the judgment of the court of first instance, and thus cite it as it is by the main text of Article 420 of the Civil Procedure Act.

2. The Plaintiff’s assertion C, the obligor of the Plaintiff, deepened the status of excess by entering into the instant purchase and sale agreement and the sales agreement with the Defendant, and thus, the instant purchase and sale agreement and the sales agreement constitute a fraudulent act against the Plaintiff.

However, since each of the instant mortgages regarding each of the instant real estate was cancelled after the aforementioned fraudulent act, the Plaintiff sought the cancellation of the instant promise to sell and purchase and the compensation for the value thereof within the scope of the difference between the value of each of the instant real estate and the amount of each of the instant secured claims, within the scope of the amount of claims against

3. Determination

A. If a security right has been established on an object transferred by a debtor, the amount of the secured debt provided to the joint mortgage shall be limited to the portion remaining after the amount of the secured debt has been deducted, and if the amount of the secured debt exceeds the price of the object, the transfer of the object cannot be deemed a fraudulent act (see, e.g., Supreme Court Decisions 97Da10864, Sept. 9, 1997; 2001Da15613, Oct. 12, 2001). In this context, if part of several real estate on which the joint mortgage is established are transferred, the amount of the secured debt shall be deemed as the amount divided in proportion to the value of each real estate which is the object of the joint mortgage in light of the purport of Article 368 of the Civil Act, barring any special circumstance.

(See Supreme Court Decision 2003Da39989 delivered on November 13, 2003, etc.) B.

The following facts and circumstances are recognized in full view of the purport of the entire pleadings in each of the aforementioned evidence, evidence Nos. 35, 36, 37, and 38.

1 P.O. another creditor of C.