The defendant paid dividends to the defendant in Suwon District Court Sungnam Branch D case.

Basic Facts

A. On February 12, 2014, the Defendant paid KRW 50,000,000 to E Co., Ltd. (hereinafter “E”), a representative director, and KRW 250,00,000,00 each on February 17, 2014.

E, on February 17, 2014, prepared and executed a notarial deed of a monetary loan agreement to borrow a total of KRW 300,000,000 to the Defendant on February 28, 2015, and at the time A guaranteed the above loan debt.

B. On October 23, 2018, A completed the registration of the establishment of a mortgage over the maximum debt amount of KRW 300,000,000 on the grounds of a mortgage contract on the same day with respect to F apartment G (hereinafter “the apartment of this case”), which is the only real property owned by A, for the Defendant on October 23, 2018.

(hereinafter “instant disposal disposition”). C.

On August 23, 2019, A filed a bankruptcy and application for immunity with the Suwon District Court(2019Hadan1605, 2019)(11605, 2019).

On April 17, 2020, the above court declared bankruptcy against A and appointed the plaintiff as the bankruptcy trustee. D.

On the other hand, on October 11, 2019, upon the application of H (hereinafter “H”), the decision to voluntarily commence the auction of the instant apartment was rendered on October 11, 2019 by Suwon District Court Sung-nam Branch D, and the entry registration was completed on the same day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 8, 9, 10, 13, 16, Eul evidence Nos. 1 and 2, fact inquiry about the Court Administration Office of this Court, the purport of the whole pleadings

2. Determination

A. Whether the act of denial of the instant disposition constitutes an act of denial

"Act of which the debtor knows that it would be prejudicial to any bankruptcy creditor", which is an act subject to setting aside provided for in subparagraph 1 of Article 391, means not only an act of reducing the bankruptcy estate by deviating from the general property of the debtor, which is a joint security of all creditors, from the bankruptcy estate, but also an act of making repayment to a specific creditor