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1. The contract to establish a right to collateral security concluded on July 30, 2014 between the Defendant and B regarding the real estate stated in the attached list.
Reasons
1. Basic facts
A. On November 5, 200, the Korea Technology Credit Guarantee Fund entered into a credit guarantee agreement with C on a credit guarantee agreement between November 5, 2000 and November 15, 2001 with respect to the credit obligations against a business bank, 3,200,000 won of the guaranteed principal, and the term of guarantee.
B presented a credit guarantee statement issued by the Korea Technology Credit Guarantee Fund to a corporate bank on the same day and received a loan of KRW 39 million from the corporate bank.
On September 10, 2001, the Korea Technology Credit Guarantee Fund repaid 34,378,466 won to a corporate bank in accordance with a credit guarantee form, and on September 27, 2012, transferred the claim for indemnity against B to the Plaintiff, and notified B of the transfer of claim.
As to B, the Plaintiff applied for the payment order of the acquisition amount as Busan District Court 2017 tea 1787.
The payment order of the above payment order was finalized on February 8, 2017.
B. On July 30, 2014, B entered into a mortgage agreement with the Defendant, and on July 30, 2014, which is the maximum debt amount of KRW 160,000,000 with respect to the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) and No. 20459, Jun. 1, 2014 with respect to the instant real estate (hereinafter referred to as “instant mortgage agreement”). On August 1, 2014, B entered into a mortgage agreement which is the maximum debt amount of KRW 160,00,000 with respect to the instant real estate (hereinafter referred to as “instant real estate”).
(B) At the time, there was no particular property other than each of the above immovables at the time.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 4-7, the purport of the whole pleadings
2. Determination:
A. According to the facts of the establishment of fraudulent act, intention of deception and bad faith 1, B concluded the instant mortgage contract with respect to the instant real estate, and thus, joint security for the general creditors including the Plaintiff was insufficient.