1. Of the instant lawsuit, the instant lawsuit was concluded on September 17, 2018 with respect to each real estate indicated in the separate sheet between the Defendant and A.

1. Basic facts

A. On March 27, 2018, the Credit Guarantee Fund (hereinafter “D”) obtained a loan of KRW 220,000,000 from E Co., Ltd. (hereinafter “E bank”), and guaranteed D’s above loan obligations within the limit of KRW 176,00,000. A as the representative director of D, guaranteed D’s obligation under the above credit guarantee agreement with the Credit Guarantee Fund on the same day.

B. D did not pay interest on loans on September 28, 2018 and caused a credit guarantee accident. On November 16, 2018, the Korea Credit Guarantee Fund paid KRW 177,478,110,00 in total, including 176,00,000, interest 1,478,110, in lieu of D on November 16, 2018.

C. On December 17, 2018, the Plaintiff applied for a payment order against D and A pursuant to the Busan District Court’s Dong Branch Branch 2018Guj59317, and applied for a payment order for the amount of compensation for subrogation from the above court on December 18, 2018, “D and A shall jointly and severally pay to the Credit Guarantee Fund for KRW 179,36,895 and any delay damages for KRW 17,478,110 among them,” and the said payment order was served to A on December 21, 2018 and became final and conclusive on January 5, 2019.

On the other hand, as to each of the instant real estate owned by A, A entered into a mortgage agreement with the Defendant on September 17, 2018 (hereinafter “mortgage agreement”). On September 18, 2018, the Changwon District Court had completed the registration of establishment of a collateral of KRW 42,00,000 with the maximum debt amount (18620, Sept. 18, 2018) to the Defendant.

E. On May 9, 2019, the Korea Credit Guarantee Fund filed a lawsuit against the Defendant seeking the cancellation of the instant mortgage contract and the cancellation of the registration of the establishment of mortgage in the instant case, asserting that the instant mortgage contract between the Defendant and A constituted a fraudulent act.

F. A was declared bankrupt on February 7, 2020 when the instant lawsuit was pending, as Busan District Court Decision 2018Hadan1389, and the Plaintiff was so declared.