1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasons why the court is to use the judgment of the court of first instance for this case are the same as the part of the defendant among the reasons for the judgment of the court of first instance, and thus, they are quoted in accordance with the main sentence of Article 420

In the event that registration of creation of a mortgage was cancelled due to repayment after a fraudulent act, the fraudulent act can be cancelled and claimed for compensation for the value of the property within the scope of the balance obtained by deducting the secured debt amount from the value of the property.

The court of first instance calculated by deducting the amount of secured debt at the time of the fraudulent act from KRW 185,00,000, not KRW 123,129,046, not the amount of secured debt at the time of the fraudulent act, but the amount of KRW 123,51,731 at the time of cancellation of the registration of creation of a mortgage of this case. However, in this case where only the defendant appealed, the judgment of the court of first instance cannot be modified disadvantageously to the defendant, and thus, the defendant's appeal is dismissed.

2. In conclusion, the part of the judgment of the court of first instance is justified, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.