대여금
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
annex . of claim.
1. The reasons for this part are as follows: “Defendant B” to “Co-Defendant B of the first instance trial”; and “Defendant C” to “Defendant” to “Defendant,” in addition, as stated in the corresponding part of the reasons for the judgment of the first instance court; thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on the cause of the claim
A. According to the above facts, the establishment of fraudulent act and the duty to restore 1) The co-defendant B (hereinafter “B”) of the first instance court where the Plaintiff was liable to pay the loan to the Plaintiff.
(A) On May 8, 2017, with respect to the instant real estate, which is its sole property, the contract to establish a mortgage and a trust deed with the Defendant (hereinafter “each of the instant contracts”).
(2) The registration of establishment and ownership transfer (hereinafter referred to as the “each of the registrations of this case”) as stated in the order of the Defendant on the ground that the registration was made.
(B) The act of concluding the contract constitutes a fraudulent act extinguishing the general debtor's property, including the plaintiff, and the defendant's malicious intent is presumed to be the beneficiary. (2) Therefore, the contract of this case, which is a fraudulent act, is revoked and the defendant is obligated to implement the registration procedure of cancellation of each registration of this case to restore the original state to the original state.
B. As to the Defendant’s assertion, the Defendant asserts that the period of prescription is five years with respect to the Plaintiff’s loan claims against B, a preserved bond, and that the instant lawsuit was filed on June 26, 2018 after five years from June 21, 2012, which was the due date, and that the said loan claims do not exist due to the expiration of the statute of limitations.
B. The facts that the maturity of the Plaintiff’s loan claim against B on June 21, 2012 do not conflict between the parties. However, according to the evidence No. 6, it can be acknowledged that B paid the interest of the loan to the Plaintiff by August 8, 2015.
According to the above facts, B shall pay the above interest.