A. It was concluded on May 11, 2015 between the Defendant and B.

A. The Plaintiff’s claims against B and C (1) on May 22, 2013, the Plaintiff entered into a credit guarantee agreement (a guarantee amount: KRW 170 million) with D agricultural partnership (hereinafter “E agricultural partnership”) on May 6, 2015 (hereinafter “instant legal entity”). On the same day, the instant legal entity was loaned KRW 200 million from the Nonghyup Bank as collateral with a credit guarantee agreement under the said credit guarantee agreement.

(2) B and C jointly and severally guaranteed the obligation of the Plaintiff of the instant legal entity with respect to the said credit guarantee agreement.

(3) However, on July 23, 2015, the instant corporation did not pay interest on loans and caused a credit guarantee accident.

Accordingly, on December 8, 2015, the Plaintiff subrogated 155,849,738 won to the Nonghyup Bank under the credit guarantee agreement.

B. On May 11, 2015, B and C concluded a mortgage agreement with the Defendant regarding each real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “instant mortgage agreement”) with the maximum debt amount of KRW 80 million with respect to each real estate as indicated in the separate sheet No. 1 and 2 (hereinafter “instant mortgage agreement”), and on the same day, the establishment registration of a mortgage (hereinafter “the establishment registration of a mortgage of the instant No. 1”) was completed under the Defendant’s name.

(2) On May 11, 2015, C concluded a mortgage agreement with the Defendant setting the maximum debt amount at KRW 80 million with respect to each real estate listed in the separate sheet No. 3 and 4 (hereinafter “instant mortgage agreement”) with respect to each real estate indicated in the separate sheet No. 3 and 4, and completed the registration of creation of a neighboring mortgage (hereinafter “the creation of a neighboring mortgage No. 2”) in the name of the Defendant on the same day.

【Ground for Recognition: Each entry of Gap evidence Nos. 1 through 8 (including paper numbers), and the fact-finding results of this court's fact-finding with the head of Gangseo-gu, the purport of the whole pleadings]

2. Determination

A. A. The claims protected by the obligee’s right of revocation of a preserved claim are, in principle, done prior to the act that can be viewed as a fraudulent act.