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1. The contract to establish a mortgage between Defendant A and B on April 28, 2014 regarding the real estate stated in the attached list.
Reasons
1. Facts of recognition;
A. The Plaintiff loaned the corporate fund to the management company (hereinafter “foreign company”) as indicated in the table below, and each time the Plaintiff guaranteed the non-party company’s loans to the Plaintiff.
The second continuing guarantee amount of KRW 200,000,000 for the first continuing guarantee amount of KRW 291,000,000 for the first continuing guarantee amount of KRW 291,000,000 for the extended guarantee amount on November 9, 201, 193, the second continuing guarantee amount of KRW 300,000 for the second continuing guarantee amount of KRW 240,000,000 for the second continuing guarantee amount of KRW 360,00,000 for March 15, 2013
B. B bears the Plaintiff’s guarantee obligation of KRW 243,545,207, and KRW 300,000,000, and KRW 108,290,00,00, under the secondary collateral guarantee obligation as of December 15, 2014 (based on principal).
C. On the other hand, on April 28, 2014, B concluded a mortgage agreement (hereinafter “mortgage agreement”) with the Defendant on the real estate listed in the separate sheet (hereinafter “instant apartment”) and completed the registration of establishment of a mortgage over the maximum debt amount of KRW 60,000,000 (hereinafter “the registration of establishment of a mortgage”) with the Changwon District Court on April 29, 2014.
After that, on June 19, 2014, the procedure for the auction of real estate was initiated to Changwon District Court C with respect to the apartment of this case, and on December 12, 2014, the distribution schedule was prepared to distribute KRW 57,528,767 to the Defendant, who is the mortgagee of the right to collateral security, and KRW 46,849,930 to the Plaintiff, who is the person holding the right to collateral security (hereinafter referred to as the “distribution schedule of this case”).
E. On December 12, 2014, 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 filed the instant lawsuit on December 16, 2014, within seven days thereafter.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8, purport of the whole pleadings
2. The occurrence of the right to revoke the fraudulent act;
A. In order to become a fraudulent act by a debtor as to whether the debtor was insolvent, the act of disposal of the debtor's property has resulted in the decrease of the debtor's whole property and the joint security of the claim.