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1. With respect to real estate listed in the Schedule,
A. The contract to establish a mortgage concluded on May 11, 2016 between B and the Defendant.
Reasons
1. Basic facts
A. On March 30, 2012, the Plaintiff entered into a credit guarantee agreement between B and B, and by March 29, 2013, the guaranteed amount of KRW 90,000,000, and by March 29, 2013 (the guarantee term is extended until March 28, 2017). The Plaintiff was loaned KRW 100,000,000 based on the credit guarantee agreement under the instant credit guarantee agreement.
B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation caused a credit guarantee accident caused by a natural body on July 5, 2016. Accordingly, the Plaintiff subrogated KRW 86,458,839 to the Industrial Bank of Korea on September 5, 2016, and the Incheon District Court issued a payment order on September 7, 2016 by filing a lawsuit for indemnity claim against B under the Incheon District Court Decision 2016 tea23584, and the payment order was finalized on October 5, 2016.
C. B’s disposal act on May 11, 2016, concluded a mortgage agreement with the Defendant as to the real estate indicated in the separate sheet (hereinafter “instant real estate”) as one’s sole property, and completed the registration of establishment of a mortgage over KRW 60,000,000 to the Defendant on the same day.
(hereinafter referred to as "the instant right to collateral security (based upon recognition). 【The instant right to collateral security (based on recognition) does not dispute, entry of Gap evidence 1 through 11, and the result of the order to submit taxation information about the non-existence of this Court, the purport
2. Determination
A. In principle, it is necessary to determine the cause of the claim that a claim can be protected by the obligee’s right of revocation for the existence of the preserved claim 1. However, there is a high probability that the legal relationship, which is the basis of the establishment of the claim, has already occurred at the time of the fraudulent act, and that the claim should be established in the near future, and it is probable in the near future.