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1. The defendant completed the judgment of the Jeonju District Court No. 20539 on April 9, 2004 regarding the real estate stated in the attached list to B.
Reasons
1. Facts of recognition;
A. The Plaintiff’s claim against B, May 18, 2007, filed a lawsuit against Jeonju District Court 2007Gau434566, and on May 28, 2007, “B” paid to the Plaintiff 23,109,587 won and the amount of KRW 20 million, jointly with C and severally with D, with C and D, at the rate of 18% per annum from June 1, 1999 to the date of full payment. The said decision on performance recommendation was finalized on June 19, 207.
B. On April 9, 2004, B completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with respect to the real estate listed in the attached list (hereinafter “instant real estate”) to the Defendant, a fraud, on April 9, 2004, as the Jeonju District Court No. 20539, April 9, 2004, which was based on the contract on March 31, 2004, completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”).
C. Insolvent B does not currently have any property other than the instant real estate.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3 and 6, the purport of the whole pleadings
2. Determination
A. The existence of a preserved claim and the Plaintiff, who is insolvent in B, have a claim against B with respect to the above amount of debt, and B is in the insolvent of a debt exceeding the amount of debt.
B. Even according to the Defendant’s assertion that the extinctive prescription has expired, the Defendant leased KRW 11.8 million to B on September 30, 2009, and was established the instant right to collateral. In this case where there is no evidence of assertion as to the period for payment of the secured debt of the instant right to collateral, the secured debt of the instant right to collateral is deemed to be a claim with no fixed period for payment. Therefore, the secured debt of the instant right to collateral of this case is deemed to have been able to be exercised from April 9, 2004 when the establishment registration of the instant right to collateral of this case was completed at the latest, and the extinctive prescription period is also proceeding from that time, and it is apparent that ten years have passed thereafter.