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1. As to real estate listed in the separate sheet:
A. It was concluded on May 30, 2016 between the Defendant and B.
Reasons
1. Basic facts
A. On May 30, 2016, B entered into a mortgage agreement (hereinafter “mortgage agreement”) with the Defendant, the mother, regarding the real estate listed in the separate sheet (hereinafter “the instant real estate”). On May 30, 201, Incheon District Court Decision No. 34879, which was received on May 30, 2016, the registration of the establishment of a neighboring mortgage under the Defendant’s name was completed.
B. Around May 30, 2016, B did not own any property other than the instant real estate, while B, around May 30, 2016, owed to the Plaintiff a total of KRW 287,960,887, including NH Capital, NH Capital, NH Mutual Savings Bank, NH Capital, Mountain Capital, and Hyundai Social, etc., over the market price of the said real estate.
[Ground of recognition] Facts without dispute, Gap's 1 through 7, 10 through 12, 9-1 through 3, and the purport of the whole pleadings
2. Determination
A. According to the above facts, B entered into a mortgage contract with the defendant concerning the real estate of this case, which is the only property at the time of signing the mortgage contract of this case, under the condition that multiple debts were borne by the defendant at the time of signing the mortgage contract of this case, as a fraudulent act against the plaintiff who is the creditor, barring any special circumstance, the mortgage contract of this case should be revoked as a fraudulent act, and the defendant is obligated to perform the procedure for cancelling the mortgage of this case
B. The Defendant asserts that the Defendant’s assertion and the Plaintiff’s right to preferential reimbursement are secured against the Defendant’s claim and its judgment. The Defendant secured the Plaintiff’s right to preferential reimbursement of KRW 80,500,00 with the vehicle with the value of KRW 80,50,000, and the value of the above vehicle exceeds KRW 42,579,702, and thus, the Plaintiff’s right of revocation cannot be exercised. However, as seen earlier, at the time of the instant fraudulent act, the Plaintiff’s right to preferential reimbursement is KRW 108,969,87.