1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. B entered into a credit guarantee agreement with the Plaintiff and borrowed KRW 30,000,000 from the Daegu Bank under the Plaintiff’s credit guarantee agreement.

C

B. B caused a credit guarantee accident on October 25, 2013, and the Plaintiff subrogated to the Daegu Bank on February 11, 2014 in accordance with the said credit guarantee agreement ( principal amounting to KRW 30,508,043 and interest KRW 508,043).

C. B around June 25, 2013, concluded a mortgage agreement with the Defendant regarding the real estate listed in the separate sheet (hereinafter “instant real estate”) with a maximum debt amount of KRW 52,00,000 (hereinafter “mortgage agreement”). On October 18, 2013, B concluded a mortgage agreement with the Daegu District Court (152632) regarding the registration of the establishment of a collateral security agreement with the Defendant as the mortgagee.

At the time of the conclusion of the instant mortgage contract, the establishment registration of a mortgage of KRW 85,800,000 on the instant real estate by the Saemaul Depository as the debtor B, and the establishment registration of a mortgage of KRW 50,000 on the instant maximum debt amount, respectively, was completed.

【Unsatisfied Facts, Gap's entries in Gap's 1, 2, 3, 4, 7, and 8, and the purport of the whole pleadings

2. The Plaintiff asserted that the act of entering into a mortgage contract with the Defendant on the instant real estate, which is the only property under excess of the obligation, and completing the registration of establishment of a mortgage on the instant real estate was a fraudulent act detrimental to the Plaintiff, who is the creditor, and that the Defendant, who is the B and the beneficiary, also recognized the intention of causing harm, and sought cancellation of the registration of establishment of a mortgage on the instant

3. Determination as follows: (a) the act of an obligor in excess of his/her obligation provides real estate owned by him/her to any one of the creditors as a claim security constitutes a fraudulent act in relation to other creditors, barring any special circumstance.