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1. Of the judgment of the court of first instance, the part concerning the revocation of fraudulent act with respect to the real estate stated in the attached Tables 3 and 4 is as follows:
Reasons
In the first instance trial, the Plaintiff requested the Defendants to cancel and restore the mortgage contract concluded on October 31, 2012 with regard to the real estate listed in paragraph (1) of the attached Table No. B between Defendant Credit Guarantee Fund and B; ② to cancel and restore the mortgage contract concluded on October 31, 2012 with regard to the real estate listed in paragraph (2) of the attached Table No. C between Defendant Credit Guarantee Fund and C; ③ to cancel and claim restitution of the mortgage contract concluded on January 3, 2013 with regard to the real estate listed in paragraphs (3) and (4) of the attached Table No. 3 and (4) of the attached Table; ④ to cancel and restore the mortgage contract concluded on March 13, 2013 with regard to the real estate listed in paragraphs (3) and (4) of the attached Table No. C between Defendant Kim Young C and C. The court of first instance rejected the Plaintiff’s claim.
The judgment of the court of first instance on the part of the claim ① and ② became final and conclusive, since only the plaintiff filed an appeal against the dismissal of the claim.
In addition, at the trial of the court, the Plaintiff withdraws the part of the claim for restitution from the claim, and ⑤ added the claim for cancellation of the mortgage contract concluded on October 31, 2012 between the Defendant Credit Guarantee Fund and C with regard to real estate listed in the attached Tables 3 and 4, the scope of the judgment of this court is limited to the above (2), (3) the part of the claim for revocation of fraudulent act among the claims,
Facts of recognition
On September 28, 2011, the Plaintiff entered into a credit guarantee agreement with the Labor-based Round (hereinafter referred to as “Nonindicted Company”) and issued a credit guarantee agreement set forth on September 28, 201 as the guaranteed principal amount of KRW 100 million and the guaranteed term. C guaranteed the obligation owed by the Nonparty Company to the Plaintiff in accordance with the said credit guarantee agreement.
The non-party company obtained a loan of KRW 100 million from the Korean bank as security, and on March 2013.