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1. As to the corresponding shares stated in the same list among each real property listed in the separate sheet:
A. On January 2, 2016, between the Defendant and B
Reasons
1. Determination as to the cause of claim
A. 1) The Plaintiff filed an application with B for a payment order for acquisition amount under the court No. 2007 tea 981. On October 29, 2007, the court issued a payment order with the purport that “B shall pay to the Plaintiff 46,464,358 won and 24,094,050 won among them at the rate of 17% per annum from October 23, 2007 to the date of full payment.” The above payment order became final and conclusive on January 29, 2008. 2) On each real estate listed in the separate list of women owned by B (hereinafter “the instant real estate”). On April 15, 2016, the Seoul District Court concluded a mortgage establishment agreement with the Defendant as a maximum debt amount of KRW 10,000,000,000 per annum 17% per annum from October 23, 2007 to the date of full payment.”
3) On the other hand, the defendant is the mother of B. [based on recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 10 (including each number, the response results of the strike market to the fact inquiry of this court, the response results of the head of the tax office having jurisdiction over the order to submit the tax information of this court, the purport of the whole pleadings.
2. Determination as to the cause of action
A. According to the above facts, it is reasonable to view that the act of B (debtor) who had already been in excess of the debt or insolvency constituted a fraudulent act with the defendant as to the real estate of this case, which is the property owned by him, constitutes a creditor's intent to harm the plaintiff as the creditor, barring any special circumstances, and it is presumed that the defendant's intent to harm the beneficiary is presumed.
B. Therefore, the instant mortgage contract concluded by the Defendant and B should be revoked as a fraudulent act, and the Defendant’s restoration to its original state shall implement the registration procedure for cancellation of the establishment registration of the instant neighboring mortgage to B.