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1. As to real estate listed in the separate sheet:
A. The contract to establish a mortgage concluded on April 1, 2013 between the Defendant and B.
Reasons
1. Facts of recognition;
A. The Plaintiff filed a lawsuit against B on the ground that the Plaintiff’s credit card payment against B exists, with the Seoul Central District Court Decision 2011Da151917, and received a favorable judgment from the said court on July 13, 2011 that “B shall pay to the Plaintiff 49,530,243 won and the amount of KRW 19,363,090 calculated by the rate of 25% per annum from April 27, 2011 to the date of full payment.” The above judgment became final and conclusive around that time.
The Plaintiff’s claim based on the above judgment is KRW 63,246,908 (the principal amount of KRW 18,878,332) as of April 10, 2014.
B. B filed an application for individual rehabilitation on December 27, 2011 and the rehabilitation procedure was initiated by the Changwon District Court 201 Congress 27897. At the time of the application, the total amount of claims listed in the list of creditors was KRW 294,181,973.
C. On October 16, 2012, the above court approved the draft repayment plan B in the above individual rehabilitation procedure, but the rehabilitation procedure was abolished due to the failure to implement the repayment plan B on August 7, 2013.
On the other hand, on April 1, 2013, which was after the approval of the repayment plan, B entered into a mortgage contract (hereinafter “mortgage contract of this case”) with the Defendant on the real estate listed in the attached list, which is the only real estate (hereinafter “the apartment of this case”) and entered into a mortgage contract with the Defendant on April 2, 2013, which was the Jinhae District Court No. 6988, Apr. 2, 2013.
[Grounds for Recognition] The facts without dispute, Gap's statements Nos. 5, 9, 12, 13, and 14, the fact inquiry results against the Ministry of Land, Infrastructure and Transport of this Court, the purport of the whole pleadings
2. The occurrence of the right to revoke the fraudulent act;
A. In order to become a fraudulent act by the debtor's act of disposing of the debtor's assets against B's insolvency, the debtor's act causes a decrease in the debtor's whole property and thus the joint security of claims is not sufficient or the joint security already insufficient is more deficient, i.e. the debtor.