1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasoning for the court’s explanation of this case is as follows, except where the defendant added the following judgments as to the matters alleged in the trial of the court of first instance, thereby citing this case in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In addition, barring any special circumstance, an obligor’s act of offering real estate, which is the only property of the obligor, to one of the obligees, as collateral security, becomes a fraudulent act subject to obligee’s right of revocation (see, e.g., Supreme Court Decision 2000Da43352, Apr. 12, 2002) in relation to other obligees, barring any other special circumstance (see, e.g., Supreme Court Decision 2000Da4352, Apr. 12, 2002). If the obligor’s act of offering collateral to a third party constitutes a fraudulent act objectively, the obligee’s malicious intent is presumed to have been presumed, so unless the beneficiary proves that he had acted in good faith at the time of the juristic act, the obligee may cancel the juristic act and claim restitution accordingly (see, e.g., Supreme Court Decision 2003Da12526, Jun. 13, 2003).