1. The plaintiff's claim is dismissed.

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

Basic Facts

The Plaintiff filed a claim with D for the payment order of KRW 46,567,712 as well as damages for delay for KRW 45,761,707 among them, jointly and severally with D with Jeonju District Court Decision 2015 tea7325, and the said court issued a payment order as requested by the Plaintiff on October 19, 2015, and the said payment order became final and conclusive as it became final and conclusive as it did not object B.

B owned the apartment of this case, but on August 13, 2014, set up a right to collateral security at KRW 50,000,000 to the Defendant.

The original Mine Saemaul Community Fund received a decision to commence the sale of real estate as the Gunsan-Support C in the Jeonju District Court on the apartment of this case.

On January 5, 2016, the above court distributed KRW 11,553,961 to the Defendant, who is a right to collateral security, and did not distribute to the Plaintiff, who is a general creditor.

The plaintiff appeared on the date of distribution and raised an objection to the dividend.

[Ground of recognition] In the absence of dispute, the Plaintiff asserted that the apartment of this case was the only property of the apartment of this case, but the apartment of this case was a fraudulent act by establishing the right to collateral security under the name of the Defendant on the apartment of this case, and sought cancellation of the above right to collateral security contract and revision of the distribution schedule.

However, according to the results of the fact-finding and the purport of the argument in this court on the following grounds: (a) around August 12, 2014, where B created a right to collateral security against B on the following grounds: (b) around August 12, 2014, B owned a 162 square meters of E site and a building on its ground as real estate, as well as the apartment of this case, 101, 102, 103, 101, 2, 101, and 260 square meters of land in the following city; and (c) the fact that B owned two trucks.

As such, at the time when B set up a mortgage on the instant apartment, the instant apartment was not the sole property of B.

Accordingly, this Court held that the Plaintiff was insolvent on July 19, 2016.