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Attached Form
With respect to each real property listed in the list:
(a) was concluded on March 20, 2018 between B and the Defendant.
Reasons
1. In full view of the purport of the entire pleadings, the following facts may be acknowledged in each entry of Gap evidence Nos. 1 to 7 (including branch numbers; hereinafter the same shall apply).
As of September 26, 2017, the Plaintiff entered into a credit guarantee agreement between B and B to guarantee B’s corporate ordinary working loan obligations to C Bank within the limit of KRW 110,00,000, and B paid the principal and interest of KRW 112,904,873 to C Bank on August 1, 2018.
B. B entered into a contract with the Defendant on March 20, 2018 with respect to each real estate (the value of KRW 675,188,000, hereinafter “instant real estate”) listed in the separate sheet owned by him/her to secure a debt for the payment of the purchase price of the goods, with a view to setting up a collateral security worth of KRW 130,000,000,000 for the maximum debt amount, and completed the registration of the establishment of a collateral security to the Defendant as described in paragraph (b) of Article 1 of the same day.
(hereinafter the above right to collateral security (hereinafter “instant right to collateral security”) C.
At the time of entering into the instant mortgage agreement, each establishment registration of the instant real estate in the name of D Co., Ltd., the maximum debt amount of KRW 540 million on June 21, 2017, and each establishment registration of the instant real estate in the name of E Co., Ltd., the maximum debt amount of KRW 150 million on August 9, 2017, was completed.
2. Determination
A. In principle, it is required that a claim protected by the obligee’s right of revocation has arisen prior to the commission of an act that can be viewed as a fraudulent act. However, there is a high probability that at the time of the fraudulent act, there has already been legal relations that form the basis of the establishment of the claim, and that the claim should be established in the near future by such legal relations. In the event that the probability is realized in the near future and the claim has been created, the obligee