1. The contract to establish a right to collateral security concluded on December 20, 2017 between the Defendant and C regarding each real estate listed in the separate sheet.

1. Facts of recognition;

A. The Plaintiff’s claim 1) filed a loan claim suit against D and C (C) around March 2017, around 2017, against D and C (C) and around March 8, 2018, the lower court rendered a judgment that “C shall jointly pay 57,810,000 won with D and/or 15% interest per annum from June 6, 2017 to July 2016,” and that “C shall pay 57,810,000 won with D and any interest calculated at the rate of 15% per annum from June 6, 2017 to the date of full payment.”

B. C (1) On December 20, 2017, the respective real estate indicated in the separate sheet (hereinafter “instant real estate”) between C and the Defendant as indicated in the separate sheet between the Defendant and the Defendant.

A) As to the instant mortgage contract with a maximum debt amount of KRW 66,000,000 (hereinafter “instant mortgage contract”).

(2) On the same day, C concluded a mortgage contract of this case, which was the total market value of KRW 37,489,90 at the time of the contract, and the amount of KRW 1,200,00,000, not the real estate of this case and the amount of KRW 1,200,000 at the time of the contract to establish the mortgage right of this case. However, C bears more than the total amount of KRW 16,939,90, the amount of the debt of KRW 16,939,90, the amount of the debt of KRW 62,513,992 against the Plaintiff, and the amount of the debt of KRW 5,00,00,000 (the amount of the debt of KRW 26,453,982 (the amount of the debt of KRW 16,00,939,90, KRW 925,500,000).

[Ground of recognition] The fact that there is no dispute, Gap's evidence Nos. 1 through 4, the result of appraiser G's market price appraisal, the purport of whole pleadings

2. Determination

A. Unless there are special circumstances, an act of a debtor in excess of his/her obligation for a fraudulent act's establishment constitutes a fraudulent act in relation to the other creditors' rights to offer real estate owned by him/her to any one of the creditors as a security

Supreme Court Decision 201No. 195 Decided September 1, 2017