1. The plaintiff's main claim is dismissed.

2. As to real estate listed in the separate sheet:

A. B between the Defendant and B

1. Facts of recognition;

A. On August 7, 2012, the Plaintiff entered into a credit guarantee agreement with B and the guaranteed amount of KRW 42,500,000. On August 8, 2012, B borrowed KRW 50,000 from the Nonghyup Bank under the Plaintiff’s guarantee.

B. From August 9, 2016, B delayed payment of the interest and principal of the loan, and the credit guarantee accident occurred on November 11, 2016, and the Plaintiff subrogated for KRW 43,572,05 to the Nonghyup Bank Co., Ltd. on November 18, 2016.

C. Meanwhile, on June 1, 2016, B concluded a mortgage contract with the Defendant regarding the real estate listed in the separate sheet (hereinafter “instant real estate”) with the maximum debt amount of KRW 60,000,000 (hereinafter “mortgage contract”) and completed the registration of establishment of a mortgage to the Defendant on the same day.

Around the time of concluding the instant mortgage contract, B owned the instant real estate worth KRW 255,00,000 at the market price as active property. However, as passive property, B owned the said loan obligation of KRW 50,000,000 with the maximum debt amount of KRW 237,900 with the maximum debt amount of KRW 237,90,000 with the secured debt of KRW 287,90,000 with the secured debt of KRW 257,900 with the secured debt.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 10, Eul evidence 4, the purport of the whole pleadings

2. Judgment as to the claim for main action

A. The Plaintiff’s assertion that the mortgage contract of this case was concluded by pretending the false debt and making it a secured debt in order to evade compulsory execution by B, and thus constitutes a false declaration of agreement, and thus null and void. As such, the Plaintiff seeks to cancel the registration of the establishment of a neighboring mortgage against the Defendant by subrogationing B the claim for indemnity against B as a preserved right.

B. Comprehensively taking account of the respective descriptions of evidence Nos. 3, 5, and 7 (including paper numbers) and the overall purport of the pleadings, C loaned KRW 32,00,000 in total to B between September 13, 2013 and June 30, 2015, and D loaned KRW 13,000,000 in total to B as between March 14, 2016 and April 24, 2016.