1. The part against the plaintiff falling under the following order of implementation among the judgment of the first instance shall be revoked:

The defendant.

1. The first instance court, after remanding, rejected the Plaintiff’s claim for revocation of the fraudulent act, and dismissed the Plaintiff’s claim for cancellation of the registration of the establishment of a neighboring mortgage.

Accordingly, the plaintiff and the defendant appealed, and the court prior to the remand dismissed the defendant's appeal on the part of the claim for revocation of the fraudulent act, and partly accepted the plaintiff's appeal on the part of the claim for revocation of the registration of establishment of a mortgage and partly accepted the plaintiff'

On the other hand, only the plaintiff appealed on the part against the plaintiff among the part of the claim for cancellation of the registration of the establishment of a neighboring mortgage, and the Supreme Court reversed the part concerning the claim for cancellation of the registration of the establishment of a neighboring mortgage, and remanded this part to this court, so the part concerning the claim for cancellation of the fraudulent act which

Therefore, the scope of the court's trial is limited to the plaintiff's request for cancellation of the registration of creation.

2. Basic facts

A. On December 25, 2010, the Defendant agreed to lend KRW 30,000 to E with the interest rate of KRW 40,000 as of October 25, 201, and the date of payment of interest as of October 25, 201, and agreed to lend KRW 40,000,000 (hereinafter “instant loan”) and to E with the amount of KRW 38,880,000 after deducting the prior interest from KRW 1.2 million, and E paid KRW 1,20,000 as interest on January 25, 201.

After that, the defendant agreed to change the agreement rate of the loan of this case to 2% per month between E and E.

B. The joint Plaintiff B (hereinafter “B”) in the first instance trial jointly and severally guaranteed the instant loan obligation. The Plaintiff, the husband of the Plaintiff, as a security for the said obligation, completed the registration of the establishment of a neighboring mortgage (hereinafter “mortgage of this case”) with the Jeju District Court No. 64981, Oct. 26, 2010, the maximum debt amount of which is KRW 50,000,000, and the debtor E and the mortgagee as the Defendant.