1. A contract establishing a right to collateral security concluded on November 27, 2015 with regard to an apartment recorded in the attached Form C between the Defendant and C.

1. Facts of recognition;

(1) On March 30, 2015, D Co., Ltd. (hereinafter “Nonindicted Company”) borrowed KRW 150,000,000 from the Plaintiff as joint and several surety C, with the interest rate of KRW 25% per annum and the due date of repayment until March 30, 2016. The Nonparty Company is in arrears with interest from June 2015.

D. On November 27, 2015, C completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) that was based on a mortgage contract concluded on November 27, 2015, with the Defendant as the maximum debt amount of KRW 130,000,000, the debtor company, the mortgagee company, and the mortgagee of a mortgage, with the Busan District Court as the Defendant, as the Busan District Court No. 45285, Dec. 27, 2015.

Secondly, at the time of establishing the instant mortgage agreement, C did not have any property other than the instant apartment that is equivalent to the market value of KRW 295,00,000.

x. On the other hand, at the time of the instant mortgage contract, C had the amount of KRW 150,000,000 guaranteed by the Plaintiff; the amount of KRW 170,00,000 extended to the Industrial Bank of Korea; and the amount of KRW 213,60,000 owed to interesting life and insurance corporations.

[Ground of recognition] The facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3, part of Eul witness C's testimony, fact-finding to the head of Seo-gu Busan Metropolitan City of Busan Metropolitan City, the purport of the whole pleadings as a whole.

2. The assertion and judgment

A. The act of a debtor in excess of the debt for determination as to the cause of the claim, providing real estate owned by him/her to any one of the creditors as a claim security constitutes a fraudulent act in relation to other creditors, unless there are special circumstances.

(See Supreme Court Decisions 86Meu83 delivered on September 23, 1986, 88Meu23186 delivered on September 12, 1989, and 97Da10864 delivered on September 9, 1997, etc.). According to the above-mentioned facts, C, at the time of the instant mortgage contract, includes the guarantee obligation against the Plaintiff only with respect to the property owned.