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1. As to real estate listed in the separate sheet:
A. The contract to establish a mortgage concluded on September 3, 2018 between the Defendant and D.
Reasons
1. Facts of recognition;
A. On April 12, 2002, D joined the credit card as a credit card member handled by the Plaintiff, from September 27, 2018 to around September 27, 2018, and the Plaintiff filed an application for payment order against D and filed an application with D for payment order, and on November 13, 2018, D paid damages for delayed payment of KRW 13.9% per annum for KRW 18,000 per annum for KRW 17.8% per annum for the Plaintiff, and KRW 30,000 per annum for KRW 16.6% for the amount of KRW 20,564,982 and KRW 979,000 for the amount of KRW 13.9% per annum for the Plaintiff. The above payment order became final and conclusive on March 29, 2019.
B. On September 3, 2018, D concluded a mortgage agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant contract”), and thereafter, concluded a mortgage agreement with the Defendant on September 3, 2018 (hereinafter “instant contract”), the Samcheon District Court, Samcheon District Court No. 11944, Sept. 4, 2018, registered the establishment of a mortgage of KRW 30,000 with the maximum debt amount of KRW 11944.
[Ground of recognition] Facts without dispute, entry of evidence A1 to 3, purport of the whole pleadings
2. According to the facts of recognition as above, at the time of the contract of this case, a credit card member subscription contract was already concluded between the Plaintiff and D, which serves as the basis for the establishment of credit card payment claim, and D may recognize the fact of delinquency in payment of credit card payment from 24 days after the date of the contract of this case. Thus, at the time of the contract of this case, it was highly probable that the Plaintiff’s credit card payment claim against D would be realized in the near future at the time of the contract of this case. In fact, since the Plaintiff applied for the above payment order, the Plaintiff’s credit card payment claim against D can be the creditor’s creditor’s right of revocation.
In addition, the act that a debtor in excess of his/her obligation supplies real estate owned by him/her to any one of the creditors as a bond security to another creditor, unless there are special circumstances.