1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On April 17, 201, the Plaintiff lent KRW 30,000,00 to Nonparty C without setting a deadline.

(hereinafter referred to as the “instant loan”) b.

The Plaintiff filed an application with the Defendant for the payment order seeking the payment of the instant loan with Gwangju District Court 2012 tea 7311, and the said court issued the payment order stating that “C shall pay the Plaintiff the loan amounting to KRW 33,000,000 and the damages for delay incurred therefrom” (hereinafter “instant payment order”), and the said payment order was finalized on September 8, 2012.

C. On the other hand, on December 14, 2012, C concluded a mortgage agreement with the Defendant with respect to the instant real estate owned by it (hereinafter “mortgage agreement”) with the maximum debt amount of KRW 30,000,000,000, and completed the registration of establishment of a neighboring mortgage (hereinafter “instant mortgage registration”) with the Defendant as the receipt of the Seoju District Court’s Circuit Branch Office No. 19077.

The real estate of this case is the only property of C with economic value, and the value of the real estate of this case is less than the aggregate amount of the maximum debt amount of the registration of the right to collateral security of this case and the Plaintiff’s loan claims.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above recognition of the right to be preserved, the plaintiff has a claim for KRW 33,00,000 upon the payment order of this case and damages for delay against C, and the above claim becomes a preserved right for revocation of the fraudulent act.

B. According to the facts of recognition as insolvent, C at the time of establishing the instant mortgage contract, it is deemed that the small property was in a state of insolvency in excess of the active property.

C. Whether a fraudulent act is revoked or not is established is an act of setting up a right to collateral security against the only real estate held by a specific creditor among several creditors. There are special circumstances.