1. The part against the defendant in the judgment of the first instance shall be revoked;

2. On January 31, 2012 between the defendant and the co-defendant A of the first instance trial.

1. Facts of recognition;

A. On October 25, 2010, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the Plaintiff to provide a credit guarantee agreement with the terms and conditions that guarantee the Plaintiff’s debt owed to its financial institution by October 24, 201, including the Plaintiff’s principal amount of KRW 45,00,000,000, and the term of guarantee by October 24, 2011 (the later agreement was agreed to change the term of guarantee to KRW 40,50,000, and the term of guarantee by January 20, 2012).

(2) A submitted a credit guarantee certificate received from the Plaintiff to the National Bank Co., Ltd., and borrowed KRW 50,000,000.

(3) On January 26, 2012, A was subject to a disposition of suspension of transaction due to the default on payment of the current account, and a credit guarantee accident occurred.

On March 22, 2012, pursuant to the credit guarantee agreement of this case, the Plaintiff subrogated for the amount of KRW 41,606,126 (i.e., the principal amount of KRW 40,50,000, KRW 738,796, KRW 367,330) to the National Bank of Korea (i.e., the principal amount of KRW 40,50,000), thereby acquiring a claim for indemnity equivalent to the amount of said amount (hereinafter “claim for indemnity”).

B. A offered security to the Defendant of A borrowed KRW 0,00,000 on January 9, 2012 and KRW 11,000,000 on June 16, 201.

On January 31, 2012, A entered into a contract with the Defendant to establish a mortgage (hereinafter “mortgage”) which constitutes a maximum debt amount of 30,000,000 square meters prior to the wife population C (hereinafter “instant land”) with respect to the said loan debt as a collateral obligation, and completed the registration of the creation on February 1, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2 evidence 1, 2, Gap evidence 3 through 6, Eul evidence 2 and 3, the purport of the whole pleadings

2. Determination:

A. (1) Determination as to the cause of the claim (1) In principle, in order for a claim to be established as a preserved claim of the obligee’s right of revocation to be subject to a preserved claim, there has already been a legal relationship that serves as the basis for the establishment of the claim at the time of the fraudulent act, and a claim based on such legal relationship in the near future.