A. As indicated in the separate sheet, the Plaintiff entered into a credit guarantee agreement with C as indicated in the Plaintiff’s claim for reimbursement. Pursuant to the respective guarantee agreement, the Plaintiff subrogated to the Plaintiff’s obligation on June 27, 2019, and the Plaintiff incurred a claim for reimbursement of KRW 277,241,443 as of July 2, 2020.

B. C’s disposal act concluded a mortgage contract with the Defendant on January 22, 2019 with respect to the two-story detached houses (the first floor is 55 square meters, 22 stories, and 4.92 square meters, combined with land and above-ground buildings) on the roof of the steel structure board at Jeju-si, Jeju-do, and the second floor (hereinafter “the instant real estate”). On January 23, 2019, C entered into a mortgage contract with the Defendant as to the instant real estate on the maximum claim amount of KRW 50 million, the mortgagee, the Defendant, and the debtor on January 23, 2019 (hereinafter “mortgage”).

With respect to the instant real estate distributed by dividends, the Jeju District Court E and F (dub) held an auction to exercise the security right, and this Court distributed KRW 45,522,392 to the Defendant as the owner of the instant neighboring mortgage on June 26, 2020, and did not distribute the amount to the Plaintiff. The Plaintiff raised an objection against the Defendant’s dividends on the dividend date.

【Unfounded Grounds for Recognition】 Facts without dispute, Gap 1, 3, 4, 5, and 6; the purport of the whole pleadings

2. Formation of fraudulent acts and duty to restore them;

A. Claims protected by the right to cancel the establishment of a fraudulent act need to be, in principle, generated prior to the commencement of an act that can be deemed as an act of deception. However, there is a high probability that there has already been legal relations which form the basis of the establishment of claims at the time of such act, and that a claim should be established by such legal relations in the near future. In the near future, where a claim has been created due to its realization in the near future, the creditor may also be the preserved claim of the right to cancel (see Supreme Court Decision 195 November 28, 195).