1. On March 21, 2018, the real estate recorded in the separate sheet between the Defendant and B (C) was concluded.

1. Facts of recognition;

A. On March 18, 2016, the Plaintiff entered into a commercial credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with F Co., Ltd. (hereinafter “F”), setting a period from March 18, 2016 to March 17, 2017 as the guaranteed amount of KRW 500,000,000, and the guarantee period from March 18, 2016 to March 16, 2017, in order to secure the repayment of goods payment obligations to G Co., Ltd. (hereinafter “G”), and as a joint and several liability under the instant credit guarantee agreement with F. B.

B. On March 20, 2018, the Plaintiff notified G of the occurrence of a guarantee accident on the grounds that the F’s failure to pay national taxes, and on the basis of the instant credit guarantee agreement, the Plaintiff subrogated to G for KRW 497,082,611 on April 19, 2018.

At present, a claim for reimbursement, etc. arising from the credit guarantee agreement of this case (=497,082,611 substitute payment) and damages for delay on subrogation payment exists.

C. On March 21, 2018, the Defendant entered into a mortgage agreement (hereinafter “mortgage agreement”) with B as to the real estate listed in the separate sheet (hereinafter “instant apartment”) on March 21, 2018, and completed the registration of establishment of a mortgage over KRW 43,000,000 with the maximum debt amount on March 21, 2018.

After that, on March 28, 2018, the auction procedure of real estate was initiated under the Incheon District Court D (Edus) with respect to the apartment of this case.

On February 22, 2019, the auction court distributed dividends of KRW 4,434,978 to the Defendant, who is the mortgagee, and prepared a distribution schedule that distributes KRW 0 to the Plaintiff, who is the person having the right to demand distribution (hereinafter referred to as “instant distribution schedule”).

E. On February 22, 2019, the Plaintiff appeared on the date of distribution of the said voluntary auction procedure, and raised an objection to the total amount of the Defendant’s dividends, and on February 26, 2019, the period between seven days thereafter, filed a lawsuit of demurrer against distribution by means of restitution due to revocation of fraudulent act.

(b).