1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion has a joint and several liability claim for indemnity against A and B (hereinafter "A, etc.") in accordance with the credit guarantee agreement entered into with C on December 24, 2008.

On the other hand, on October 26, 2015, A, etc. entered into a mortgage agreement with the Defendant on each of the real estate, machinery, equipment, etc. listed in the separate sheet (hereinafter “each of the instant real estate, machinery, etc.”) with the Defendant, with the maximum debt amount of KRW 582,00,000,00, and the debtor B with the debtor (hereinafter “mortgage agreement”). On the same day, the establishment registration of each of the collateral stated in the claim of the instant mortgage agreement (hereinafter “instant mortgage agreement”) was completed. The instant mortgage agreement constitutes a fraudulent act conducted under the insolvency of A, etc., and the Defendant must restore the original state to its original state, perform the procedure for registration of cancellation of each of the establishment registration of each of the instant collateral to A

2. Where a right to collateral security has been established to secure a third party's obligation on the real estate transferred by the obligor, the amount of the secured debt actually borne by the general obligees within the scope of the maximum debt amount shall be the remainder after deducting the amount of the secured debt.

Therefore, if the amount of the secured debt and the maximum debt amount of the right to collateral security exceed the price of the real estate, the transfer of real estate does not constitute a fraudulent act, as there is no property jointly secured by the general creditors (see, e.g., Supreme Court Decision 2017Da287871, Apr. 24, 2018). In light of the following circumstances acknowledged by comprehensively taking into account the following circumstances, the health class, the evidence Nos. 4 through 6 (including numbers; hereinafter the same shall apply), the evidence Nos. 6, 8, and 9, and the appraisal of appraiser D’s evidence No. 1388, Aug. 13, 2018, at the time of establishing the right to collateral security agreement of this case, the transfer of real estate does not constitute a fraudulent act.