1. The contract to establish a mortgage between the Defendant and B on January 23, 2019 regarding the real estate stated in the attached list.

1. Facts of recognition;

A. On February 26, 2016, the Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “Nonindicted Company”) and issued a written credit guarantee agreement. On March 16, 2016, the Plaintiff borrowed KRW 300 million from D Banks based on the credit guarantee agreement.

B. B, the representative director of the non-party company, pursuant to the above credit guarantee agreement, was jointly and severally guaranteed for all obligations, such as reimbursement owed by the non-party company to the plaintiff.

C. A credit guarantee accident occurred around December 5, 2018 due to the insolvency of the non-party company, and the Plaintiff subrogated for the payment of the principal amounting to KRW 270,00,000,000, interest amounting to KRW 5,611,191 upon the request for the performance of the guaranteed obligation by the D Bank on September 26, 2019.

B completed on January 23, 2019 the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) on the real estate listed in the attached list (hereinafter “instant real estate”) to the Defendant on January 23, 2019 (hereinafter “instant mortgage contract”).

E. B was in excess of the obligation at the time of entering into the instant mortgage contract, and there is no particular evidence to acknowledge changes in circumstances thereafter.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 11, results of response to the order to submit taxation information to the Busan Gangseo-gu Office for taxation information by this court, the result of response to the order to submit credit information to the E agency of this court, the purport

2. Determination on the cause of the claim

A. According to the facts found as above, at the time of entering into the instant mortgage contract, the Plaintiff’s claim for reimbursement against B was not practically created, but there had already been a legal relationship that forms the basis of the claim for reimbursement, and around December 5, 2018, the Plaintiff’s claim for reimbursement should be established based on the nearest legal relationship, such as the occurrence of a credit guarantee accident.