근저당권설정등기말소
1. As to real estate listed in the separate sheet:
A. It was concluded on August 28, 2017 between the Defendant and B.
1. Facts of recognition;
A. The Plaintiff entered into a credit guarantee agreement between C and C with the content that guarantees the implementation of the joint and several guarantee agreement between C and C in obtaining a loan from the Gucheon Agricultural Cooperative under the joint and several guarantee agreement between B and B.
B. Around December 2006, the Plaintiff caused a credit guarantee accident in which C would lose the benefit of the time limit for the above loan obligations, and on December 20, 2006, the Plaintiff subrogated the total amount of KRW 59,498,118 as the principal and interest of the loan to the Gucheon Agricultural Cooperative.
C. On the other hand, on August 28, 2017, B concluded a mortgage agreement with the Defendant regarding the real estate listed in the separate sheet (hereinafter “instant real estate”) with a maximum debt amount of KRW 30,000,000 with the Defendant (hereinafter “mortgage agreement”). On the same day, B concluded a mortgage agreement with the State District Court No. 6722, which received by the State District Court No. 6722, prior to the same day.
B At the time of concluding the instant mortgage contract, the individual land price was 5,909,600 won, and there was no other property than the instant real estate. However, the small property was 150,801,839 won, including the Plaintiff’s subrogation amount of 59,498,118 won, and damages for delay thereof, with respect to the Plaintiff.
【In the absence of any dispute over the grounds for recognition, the entries in Gap evidence 1 through 4, the entries in Eul evidence 1 through 3, the results of the reply to the submission of tax information about the North Korean tax office, the fact-finding inquiry and reply to the chapter D, the results of the inquiry and reply, and the purport of the whole pleadings
2. Determination
A. According to the facts of the recognition of the existence of the preserved claim, the Plaintiff’s claim for indemnity against B is established prior to the establishment of the mortgage contract of this case, and is subject to the revocation of fraudulent act.
(b) Offering real estate owned by the debtor in excess of the liability for the establishment of a fraudulent act as collateral for one of the creditors;