1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. B entered into a credit guarantee agreement with the Plaintiff on May 25, 2011 with the amount guaranteed by 60 million won (which was reduced to 54 million won thereafter) and received a loan from the Gyeongnam Bank as collateral on the same day.

B On June 5, 2012, the Plaintiff entered into a credit guarantee agreement with the Plaintiff with the amount of KRW 135 million, and received a loan from the Industrial Bank of Korea as collateral a credit guarantee agreement issued accordingly.

B. On August 21, 2013, following D’s decision of provisional seizure on the instant land owned by B, the Plaintiff acquired the right to demand a prior reimbursement of KRW 189 million against B (54 million +135 million) based on each credit guarantee agreement as above.

C. On October 30, 2013, B concluded a mortgage agreement with the Defendant as the Defendant, the maximum debt amount of KRW 50 million, the debtor B, and the mortgagee as the Defendant (hereinafter “mortgage agreement”). On the same day, B concluded a mortgage agreement with the Defendant as the Defendant on the same day, and completed a mortgage establishment registration (hereinafter “mortgage creation registration”).

[Reasons for Recognition] Unsatisfy, Gap 1-3 evidence (including virtual number), the purport of the whole pleadings

2. Determination

A. 1) The Plaintiff’s assertion 1) The instant mortgage contract constitutes a fraudulent act and must be revoked. The Defendant is obligated to restore the original state to its original state, and the Defendant was obligated to implement the registration procedure for cancellation of the registration of the establishment of the instant neighboring mortgage. 2) Even if the instant mortgage contract constituted a fraudulent act, the Defendant was unaware

B. Determination 1) The Defendant entered into a contract with B on July 26, 2013 to be supplied with scrap metal, and paid KRW 30 million to B on the same day.

On October 30, 2013, the defendant decided to increase the deposit amount of the contract for the supply of the said scrap metal to KRW 50 million, and on the same day, KRW 20 million to B as the additional deposit.