1. The plaintiff's claims against the defendants are all dismissed.

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

1. Factual basis - The Plaintiff is a creditor who filed a lawsuit claiming construction price against Defendant B by this Court No. 2017Gadan18346 and rendered a favorable judgment on May 16, 2018.

The claim amount is equivalent to KRW 150 million.

- As the obligees against Defendant C and D, Defendant C and D received the establishment registration and provisional registration of a collateral security contract and a pre-sale on the date of entry as to each real estate stated in the purport of the claim.

2. The term “legal act detrimental to an obligee”, which is the requirement for the obligee’s right of revocation, means an act of disposing of the obligor’s property, and thereby making it impossible for the obligee to fully satisfy the obligee’s claims by means of a decrease in the obligor’s property to cause a shortage of joint security or a lack of joint security already insufficient.

Therefore, such fraudulent act can be established not only in excess of the debt prior to the disposal of the debtor's property, but also in cases where the debtor's disposal of the property is in excess of the debt.

In addition, the burden of proving that the debtor's act of disposal of the debtor's property (in this case, the "act of settlement of mortgage" and "act of reservation for sale") has decreased in the debtor's property and there has been a shortage of joint security of claims or lack of existing joint security.

However, in the instant case where it is evident that the Plaintiff had other assets against Defendant B as of November 16, 2017 through November 23, 2017, the Plaintiff did not sufficiently prove whether the decrease in the assets of Defendant B caused a shortage in the joint security of claims due to the reduction of the assets of Defendant B, or the shortage in the joint security already occurred due to the lack of any other assets due to the lack of claims by doing each act, such as the entries in the purport of the claim, to the remainder of the Defendants.

In the end, it is eventually.