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1. As to real estate listed in the separate sheet:
A. It was concluded on August 12, 2014 between the Defendant and B.
Reasons
1. Facts of recognition;
A. On March 25, 2014, the payment order against B was finalized on March 25, 2014, stating that “B shall pay to the Plaintiff 15,362,129 won and the amount at the rate of 39% per annum from March 3, 2014 to the date the Plaintiff shall pay to the Plaintiff KRW 15,362,129.”
B. B is the owner of the real estate listed in the separate sheet (hereinafter “instant apartment”). On August 12, 2014, the Defendant, the wife of B, concluded a mortgage agreement with the debtor regarding the instant apartment with B, the maximum debt amount of KRW 50,00,000, and the mortgage agreement with the mortgagee as the Defendant (hereinafter “mortgage agreement”). On August 12, 2014, the Defendant completed the registration of the establishment of a mortgage near the Dongbcheon District Court No. 11481, Jun. 12, 2014.
C. The apartment of this case is the only property of B.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, purport of whole pleadings
2. Determination
A. The Plaintiff’s claim for a loan against B based on the above payment order becomes a preserved claim of the obligee’s right of revocation.
B. The debtor's act of establishing a collateral security on his own real estate becomes a fraudulent act unless there are special circumstances, and the debtor's intent to commit a fraudulent act is aware that there is a shortage of joint collateral security on his own real estate, and the debtor's intent to commit a fraudulent act is not required to harm or intend to do so. If the debtor establishes a collateral security on his own real estate, the debtor's intent is presumed, and the purchaser or transferor's bad faith is presumed to be presumed to be the beneficiary, and the burden of proof that the purchaser or transferor has not been malicious is presumed to be the beneficiary.
According to the facts of recognition, B establishes the right to collateral security on the apartment of this case, which is the only real estate of itself.