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1. On December 28, 2015, the real estate indicated in the separate sheet between the Defendant and Nonparty B was concluded between the Defendant and Nonparty.
Reasons
1. Facts of recognition;
A. On January 18, 2006, the Plaintiff loaned KRW 48,500,00 to Nonparty B on a repayment date as of January 18, 2009 (a general loan for household under loan curriculum). The repayment period was extended, and interest payment was delayed from October 20, 2015. The repayment period on January 18, 2016 expired, and on April 6, 2016, the total amount of the principal and interest of the loan as of April 6, 2016 (i.e., KRW 26,318,295 (i.e., the principal and interest of the loan amount of KRW 1,518,295).
B. On December 29, 2015, B completed the registration of creation of a collateral (hereinafter “registration of the instant collateral”) with respect to the real estate recorded in the separate sheet (hereinafter “instant real estate”) only on the Defendant’s sole real estate (hereinafter “instant real estate”) on December 28, 2015, based on the maximum debt amount of KRW 104,000,000, and the debtor B as the obligor.
C. At the time of the instant mortgage contract, B was in excess of the obligation exceeding the positive property.
【Unsatisfyal grounds for recognition】Non-satisfy, Gap's entries in Gap's evidence 1 through 3, 4 through 7 (including branch numbers), the purport of the whole pleadings
2. Determination:
A. According to the above facts, B created the right to collateral security to the Defendant with respect to the instant real property, which was the only active property in excess of the debt, resulting in the lack of joint collateral for the Plaintiff and other general creditors. Thus, the instant right to collateral security agreement constitutes a fraudulent act, and the intent of the obligor B’s intent to commit a fraudulent act is also acknowledged.
B. On October 2014, the Defendant: (a) received a request from the Defendant to lend money from B to C; and (b) lent KRW 60,000,00 to C; (c) completed the instant registration of collateral security for the said loan; (d) the said registration was only based on a loan for consumption around 2014, and does not constitute a new act of action on or around December 2015, and thus, (e) the instant mortgage contract is concluded.