1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On September 30, 2010, the Plaintiff entered into a credit guarantee agreement and the Plaintiff’s loan agreement (hereinafter “credit guarantee agreement in this case”) with D Co., Ltd. (hereinafter “Non-Party Company”) under the joint and several guarantee agreement, which provides that the guaranteed amount shall be KRW 100,000,000,000, the ordinary loan for operating capital of a company under loan, the term of guarantee shall be extended on September 30, 201 (up to September 26, 2016).

On October 7, 2010, Nonparty Company borrowed KRW 100,000,00 from a national bank as security a credit guarantee form under the above credit guarantee agreement.

B. On July 20, 2015, the establishment of the right to collateral security C entered into a contract to establish the right to collateral security (hereinafter in this case) with the Defendant on the real estate stated in the attached list, and on July 23, 2015, the establishment of the right to collateral security C completed the registration of establishment of the right to collateral security (hereinafter in this case, the establishment of the right to collateral security) under the name of the Defendant was completed as of July 23, 2015, received on July 23, 2015 from the Jungyang District Court

C. On September 27, 2016, the credit guarantee accident and the credit guarantee accident due to the principal and delay of the non-party company by subrogation occurred, the Plaintiff subrogated 100,903,278 won to the National Bank on December 30, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 9, Eul evidence 9, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) The Plaintiff’s assertion constitutes a fraudulent act, and thus, the mortgage contract of this case is revoked, and the registration of establishment of mortgage of this case must be cancelled due to restitution. 2) There is no high probability that at the time of the Defendant’s assertion, at the time of the instant mortgage contract, the Plaintiff’s claim was not realized, and that at the time of the instant claim, the Plaintiff’s claim for the advance reimbursement due to a credit guarantee accident of September 27, 2016 was acquired in the near future. Therefore, the Plaintiff’s prior reimbursement is difficult.