1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff entered into a credit guarantee contract with Nonparty B, such as the details of the attached Table 2 credit guarantee contract, and issued each letter of credit guarantee to Nonparty B.

B. On July 3, 2014, Nonparty B concluded a mortgage agreement with the Defendant regarding each of the real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”) with the maximum debt amount of KRW 40,000,000, and the mortgage agreement with the mortgagee as the Defendant (hereinafter “mortgage agreement”). On the same day, Nonparty B concluded a mortgage registration (hereinafter “mortgage creation registration”) under the Defendant’s name, as stated in the purport of the claim.

C. When Nonparty B completed the registration of the establishment of a neighboring real estate of this case in the future of the Defendant, the real estate of this case was the only real estate owned by Nonparty B.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. The plaintiff's assertion

A. Nonparty B provided a credit guarantee certificate issued by the Plaintiff to Nonparty North Korea Bank and borrowed money.

B. Nonparty B lost the benefit of time on or around 2014, and the former North Bank urged the Plaintiff to discharge the guaranteed obligation, and the Plaintiff has the right of prior reimbursement against Nonparty B.

C. Meanwhile, inasmuch as Nonparty B was in excess of the obligation at the time when the establishment registration of the instant collateral was completed to the Defendant, the instant mortgage agreement on the instant real estate between Nonparty B and the Defendant constitutes a fraudulent act and constitutes a fraudulent act, which brings a lack of joint security for creditors, including the Plaintiff, and thus, it should be revoked. Accordingly, the Defendant is obliged to implement the procedure for cancellation registration of the establishment registration of the instant collateral security to Nonparty B.

3. Determination: The case is the only real estate owned by the defendant between the defendant and the non-party B during the period stipulated in the credit guarantee agreement entered into with the plaintiff.