1. The contract to establish a mortgage concluded on February 25, 2015 with regard to the real estate stated in the attached Form B by the defendant and B shall be revoked.

2...

1. Basic facts

A. From August 2014 to October 2014, the Plaintiff supplied C Co., Ltd. with goods equivalent to KRW 68,860,538, and B jointly and severally guaranteed the goods payment obligation to the Plaintiff.

B. On February 25, 2015, the Defendant lent KRW 50 million to B, and concluded a mortgage agreement (hereinafter “instant mortgage agreement”) with B on February 25, 2015 regarding the real estate listed in the separate sheet (hereinafter “instant real estate”) on February 25, 2015, and completed the registration of establishment of a neighboring mortgage as the No. 7457 on the same day of the name registry office of the Suwon District Court’s Ansan Branch.

C. B was in excess of the obligation at the time of establishing the instant mortgage contract, and the instant real estate was the only real estate.

[Ground of recognition] The fact that there is no dispute, Gap Nos. 1 through 4, the result of fact-finding on the Seocho-gu Office, the Ministry of Land, Infrastructure and Transport, the company bank, and the president of the Korea Credit Information Institute, the whole purport

2. According to the facts of the determination as to the cause of the claim, B, who was in excess of the obligation, completed a mortgage contract on the instant real estate, the only real estate, and borrowed money, barring any special circumstance, is a fraudulent act against the Plaintiff, who is the creditor, and thus, it shall be revoked. Accordingly, the Defendant is obliged to implement the procedure for registration of cancellation of the registration of the establishment of a mortgage on the instant real estate.

3. Judgment on the defendant's assertion

A. The defendant asserts that the defendant did not know that the mortgage contract of this case was a fraudulent act against the plaintiff.

B. The beneficiary is presumed to be a bad faith in a lawsuit seeking revocation of a fraudulent act. Therefore, in order for the beneficiary to be exempted from his/her responsibility, the beneficiary is responsible to prove his/her good faith.

In this case, the good faith of the beneficiary is the relationship between the debtor and the beneficiary, and the act of disposal between the debtor and the beneficiary.