A. On June 15, 1995, the Plaintiff entered into a guarantee insurance contract with Hyundai Automobile Corporation, the insurance period from June 1, 1995 to May 31, 1998, with the insurance amount of KRW 20,90,000, and B jointly and severally guaranteed the liability for indemnity based on the guarantee insurance contract by C.

B. On September 30, 1995, the occurrence of the insured events stipulated in the surety insurance contract.

On March 2, 1996, the Plaintiff paid KRW 19,310,150 as insurance money to Hyundai Motor Co., Ltd. with KRW 19,310,150, and filed a lawsuit for the claim of indemnity amount with the District Court 2005da6310, and the judgment became final and conclusive.

C. In order to interrupt extinctive prescription of a claim based on the foregoing final judgment, the Plaintiff filed a lawsuit against Gwangju District Court Decision 2015Ga34845, which rendered a judgment ordering the Plaintiff to pay, on December 15, 2015, the amount calculated at the rate of 15% per annum from July 22, 2015 to the date of full payment, for KRW 87,474,910 and KRW 18,800,1967.

On the other hand, B completed the registration of creation of a neighboring mortgage amounting to the maximum debt amount of KRW 40 million as of October 19, 1999, No. 25028, which was received on October 19, 199, with respect to the real estate listed in the separate record, which is owned by the Defendant.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”).

B There is no particular active property that can be the joint security of creditors in addition to the real estate listed in the attached list.

[Ground of recognition] Entry of Gap 1 and 5 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleading

2. Assertion and determination

A. The plaintiff 1 asserts that the defendant has a claim for loans worth KRW 50 million against B.

However, the establishment registration of the defendant's neighboring mortgage is a false claim that arises to avoid compulsory execution by creditors such as the plaintiff.

As alleged by the Defendant, the Defendant lent KRW 50 million to B.

The defendant's loans.