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1. The contract to establish a right to collateral security concluded on October 31, 2014 between the defendant and C concerning the real estate stated in the separate sheet between the defendant and C is 79.
Reasons
1. Basic facts
A. On January 3, 2012, pursuant to a credit transaction agreement entered into with D Co., Ltd. (hereinafter “Nonindicted Company”), the Plaintiff made a loan (i.e., a loan of KRW 100 million to Nonparty Company by the agreed deadline on January 4, 2013, and entered into an additional agreement for the extension of the due date on two occasions thereafter.
C On January 3, 2012, between the Plaintiff and the non-party company, the representative director of the non-party company entered into a limited collateral guarantee contract (hereinafter referred to as “instant collateral guarantee contract”) with the effect that the non-party company guarantees to the Plaintiff all obligations at present and in the future.
B. From April 3, 2015, Nonparty Company was unable to repay the loan interest, etc., and the remaining loans as of May 31, 2016 are the principal amounting to KRW 69,00,000, interest rate of KRW 10,870,528.
C. On October 31, 2014, C concluded a mortgage contract (hereinafter “mortgage contract in this case”) with respect to real estate indicated in the separate list owned by the Defendant (hereinafter “instant real estate”) to secure a loan obligation with the Defendant, who is the former wife, with a maximum debt amount of KRW 190,00,000,000. On October 31, 2014, C concluded a mortgage contract (hereinafter “mortgage contract in this case”). On October 31, 2014, the Defendant had completed the registration of creation of a mortgage (hereinafter “mortgage”).
On November 24, 2014, the Defendant entered into a final claim transfer contract with E, and thereafter, the Defendant completed the additional registration of the transfer of the right to collateral security (No. 214356), which was received on December 26, 2014.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The assertion and judgment
A. A claim protected by the obligee’s right of revocation of a preserved claim 1 needs to be, in principle, arising prior to the commission of an act that can be viewed as a fraudulent act. However, such fraudulent act is required.