1. As to real estate listed in the separate sheet:

A. It was concluded on June 12, 2015 between C and the Defendant.

1. Facts of recognition;

A. As to the claim for the refund of the lease deposit against D’s real estate listed in the attached list (hereinafter “instant real estate”) against D, the Plaintiff received the attachment and collection order as the Incheon District Court 2013TT 32886.

Then, based on the above collection order, the Plaintiff filed a lawsuit against C seeking the return of the lease deposit with the Daejeon District Court 2014Kadan13347.

On February 5, 2015, “C” was sentenced to the judgment in favor of the Plaintiff at the same time to receive the instant real estate from D, and at the same time to pay the Plaintiff KRW 50 million.

The instant building was delivered to D on July 29, 2014.

B. However, on June 12, 2015, after the said judgment was rendered, C entered into a mortgage agreement with the Defendant as to the instant real estate, which is the only real estate owned by the Defendant, with the maximum debt amount of KRW 90 million and the obligor E (C) (hereinafter “mortgage agreement”). On the same day, C completed a mortgage establishment registration (hereinafter “mortgage establishment registration”) with the Incheon District Court No. 65644, Jun. 12, 2015 as of June 12, 2015.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. The act of establishing a right to collateral security for the only real estate held by a specific creditor among several creditors who have established a fraudulent act constitutes a fraudulent act unless there are other special circumstances.

(see, e.g., Supreme Court Decision 2007Da45364, Oct. 11, 2007). In the instant case, as alleged by the Defendant, the Defendant lent money to E, as set forth in the Defendant’s assertion, to E, and received the registration of establishment of a mortgage of this case from C as security of the loan claim.

Even if C bears a debt (50 million won) due to the judgment against the plaintiff, the act of creating a right to collateral security with respect to the only real estate is under special circumstances.