1. It was concluded on August 18, 2015 between the Defendant and Nonparty C regarding the real estate stated in the separate sheet.

1. Facts of recognition;

A. On July 24, 2015, the Plaintiff filed a lawsuit against C for an agreed amount claim by this Court 2015da5339, which was rendered a favorable judgment on November 6, 2015, that “the Defendant (C) shall pay to the Plaintiff (Plaintiff) KRW 24 million per annum from July 15, 2015 to September 30, 2015; and that “the Defendant shall pay 20% per annum 15% per annum from the following day to the day of full payment.” The above judgment became final and conclusive around that time.

B. On August 18, 2015, while the said lawsuit was pending, C created the right to collateral security (hereinafter “instant right to collateral security”) with the Defendant as the mortgagee on the real estate indicated in the separate sheet owned by him/her (hereinafter “instant real estate”) and with the maximum debt amount of KRW 80 million as the mortgagee.

C. At present, C is in excess of its obligation, and C’s property is due to the real estate of this case.

[Ground of recognition] Nos. 2 and 5, and the purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiff’s act of setting up a right to collateral security of KRW 24 million against C and damages for delay corresponding to C, which is the only property of the Defendant, constitutes a fraudulent act causing or deepening the shortage of common security for other general creditors including the Plaintiff, and that is, C with excessive debt, set up a right to collateral security of KRW 80 million on the instant real estate, which is the only property of the Defendant.

(See Supreme Court Decision 97Da10864 delivered on September 9, 1997, etc.). B.

In this regard, the defendant, since 2013, has awarded a contract for construction work to C, the representative of the Dispute Resolution Co., Ltd., and in this regard, C has a claim of KRW 50 million, and C has lent KRW 30 million as it is necessary for C to seek the house. The right to collateral security in this case has been established to secure the above claim of KRW 80 million.

However, the debtor establishes a right to collateral security on the only real estate of the debtor among several creditors.