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1. As to each real estate listed in the separate sheet:
A. It was concluded on May 26, 2014 between the Defendant and B.
Reasons
1. The facts as indicated in the grounds of the claim are as follows; B entered into a mortgage agreement with the Defendant on May 26, 2014 with regard to each of the real estate listed in the separate sheet (hereinafter “instant real estate”); and B entered into a mortgage agreement with the Defendant on May 26, 2014 (hereinafter “mortgage agreement”); on May 26, 2014, under the receipt of 8086 on May 26, 2014, the Jung-gu District Court, Yangyang-dong Family Court, Yangyang-dong Family Court, and Yangyang-dong Family Court, and the Defendant completed the registration of creation of a mortgage (the maximum bond amount of KRW 19.5 million, the debtor B, the creditor, and the Defendant; hereinafter “instant registration of establishment of a mortgage”). On December 4, 2012, the instant real estate should be the physical security to secure the debt owed to Yangyang-dong Branch Family Treasury, the debtor, the debtor, the debtor, the debtor and the debtor, the debtor, the debtor and the debtor, the debtor, the debtor, the Saemaeul 100.
The facts that the parties had completed may have no dispute between them, or may be recognized by taking into account each entry of Gap 1 through 10 and the whole purport of pleadings.
2. Determination
A. Although it is required that the existence of the preserved claim is, in principle, a claim protected by the obligee’s right of revocation has arisen prior to the commission of an act that could be viewed as a fraudulent act, there is a high probability that at the time of the fraudulent act, there has already been a legal relationship that serves as the basis for the establishment of the claim, and that the claim has already been established in the near future by virtue of such legal relationship, and in a case where the claim has been created by the realization of the probability in the near future, the claim
(see, e.g., Supreme Court Decision 2000Da37821, Mar. 23, 2001). According to the health care unit and the fact of recognition as above, the Plaintiff’s claim against B was not created on May 26, 2014, which was at the time of the contract to establish the right to collateral security, but on November 22, 2012, which was prior thereto.