근저당권설정등기말소
1. The contract to establish a right to collateral security concluded on August 25, 2017 between the Defendant and B on the real estate stated in the attached list.
1. Facts of recognition;
A. The Plaintiff, as a joint and several surety, entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with C Co., Ltd. (a Co., Ltd., an agricultural company: D, an incorporated agricultural company; hereinafter “Non-Party Co., Ltd.”) and the amount guaranteed as KRW 80 million, and the Non-Party Co., Ltd received a loan of KRW 100 million (hereinafter “the instant loan”) from the Nonghyup Bank Co.,, Ltd. (hereinafter “CF”) on August 10, 2015 upon obtaining a credit guarantee agreement under the instant credit guarantee agreement.
B. When the non-party company delayed the payment of the instant loan, the Nonghyup Bank claimed against the Plaintiff for the performance of the guaranteed obligation under the instant credit guarantee agreement, and on October 31, 2017, the Plaintiff subrogated to the Nonghyup Bank for KRW 80,840,679 in accordance with the instant credit guarantee agreement.
C. However, B concluded a mortgage agreement with the Defendant on August 25, 2017 with respect to the real estate indicated in the separate list owned by it (hereinafter “instant real estate”), and completed the registration of the establishment of a neighboring mortgage worth KRW 50 million with the maximum debt amount (hereinafter “registration of the establishment of a mortgage”) on August 28, 2017, the Jeonju District Court’s indictment No. 86277, August 28, 2017.
At the time of entering into the instant mortgage contract, B had no particular property other than the instant real estate, and was in excess of the obligation.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings
2. Determination:
A. In principle, it is required that a claim protected by the creditor's right of revocation 1 of the existence of the preserved claim has arisen prior to the commission of an act that can be viewed as a fraudulent act. However, there has already been a legal relationship that serves as the basis for the establishment of the claim at the time of the fraudulent act, and the claim should be established in the near future based on such legal relationship.