A. On May 18, 2009, the Plaintiff entered into a credit guarantee agreement with A, which provides a credit guarantee principal of KRW 190,000,000, and the credit guarantee period from May 18, 2009 to May 17, 2010 (hereinafter “the credit guarantee agreement of this case”), and issued a letter of credit guarantee with a loan bank as the Korean St Bank at that time.

A on May 18, 2009, extended a loan from the Korea CTR Bank in accordance with the credit guarantee agreement.

After that, the credit guarantee agreement of this case was finally renewed several times, and finally changed on May 10, 2016 to the credit guarantee principal of KRW 144,00,000 and the credit guarantee period of May 12, 2017.

B. As A discontinues his business on June 15, 2016, a credit guarantee accident provided for in the instant credit guarantee agreement has occurred.

Accordingly, on June 28, 2016, the Plaintiff subrogated 144,725,783 won of the principal and interest of loan due to the repayment of the guaranteed obligation under the credit guarantee agreement of this case to the Korea CTR Bank.

C. A, other than B, owns each real estate listed in the separate sheet (hereinafter “instant real estate”) in the operation of C Co., Ltd. (hereinafter “C”).

On May 12, 2016, A concluded a mortgage agreement with the Defendant on the instant real estate as security of the outstanding outstanding amount, 190,000,000 won with the maximum debt amount, A, and the Defendant’s mortgage agreement (hereinafter “mortgage agreement”). On May 16, 2016, A concluded a mortgage agreement with the Defendant on the instant real estate as security of the outstanding amount, and completed the registration of the establishment of the neighboring mortgage (hereinafter “mortgage creation”) with the Incheon District Court No. 119854, the registration office received the Defendant on May 16, 2016.

At the time of this case’s mortgage contract, A was in excess of his obligation, and the real estate of this case was the only real estate.

[Ground of recognition] 1 to 9, 11, 2 to 1, and 1 (including additional numbers), the fact inquiry by this court, and the result of credit information inquiry, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to whether a fraudulent act constitutes a fraudulent act, the plaintiff in this case.