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. Basic facts (1) The Plaintiff received a partial winning judgment in a loan claim lawsuit against C, and the judgment became final and conclusive (each of the above judgments rendered by Busan District Court Decision 2006Da8613, Busan High Court Decision 2008Na1996, Supreme Court Decision 2009Da26619, hereinafter referred to as the “instant civil judgment”). The summary of the final and conclusive judgment is “C shall pay the Plaintiff KRW 70 million and its late payment damages, and the Plaintiff shall pay the Plaintiff KRW 770 million and its late payment damages, and 629/39,686 shares (No. 18, hereinafter referred to as “instant real estate”).

② On January 4, 2008, 2008, immediately after the first instance court rendered a judgment on the civil case of this case ( December 12, 2007), C completed the registration of creation of a neighboring mortgage of KRW 400 million with respect to the real property of this case owned by himself and the maximum debt amount of KRW 16,00,00,000 against the Defendant, and completed the registration of creation of a neighboring mortgage of KRW 200,000,00 with respect to the real property of this case No. 18, the maximum debt amount of KRW

③ The Plaintiff filed a complaint with C and the Defendant on the ground that the instant act of establishing the instant right to collateral security and separate collateral security constituted the crime of evading compulsory execution. As a result, C had a final and conclusive judgment of conviction of evasion of compulsory execution on the grounds of the criminal facts constituting “the instant right to collateral security and separate collateral security established with false burden on the Defendant to evade compulsory execution by the Plaintiff.”

(In total of the above rulings rendered by Busan District Court 2012 High Court 2012 High Court 5226, 2013No2774, Supreme Court 2013Do15331, hereinafter referred to as "each of the above rulings"). [The grounds for recognition] The fact that there is no dispute, Gap's entries in the evidence Nos. 1 through 5, and 10 through 12 (including where there is a serial number, hereinafter the same shall apply) and the purport of the entire pleadings.

2. Determination on the cause of the claim

A. In light of the following circumstances acknowledged by the aforementioned evidence, the instant right to collateral security was conspired with the Defendant C.