사해행위취소등
1. The Defendant: (a) on the portion of 1/3 of the 1997 square meters in Seopo-si, Seopo-si, Seopo-si; (b) Seopo-si, Seopo-si, Jeju District Court.
1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 through 4 as to the cause of the claim and the entire pleadings, D, on September 17, 2015, entered into a contract with the plaintiff and the plaintiff to donate 1/3 equity (hereinafter "share in the land of this case") out of 1997 square meters prior to Seopo-si, Seopo-si, his own ownership, and the plaintiff (hereinafter "the donation contract of this case"), and on September 24, 2015, in collusion with the defendant for the purpose of preventing the plaintiff from selling the share in the land of this case, it can be recognized that D completed the registration of creation of a mortgage over the whole land of this case with the defendant "300,000,000 won based on the false mortgage contract" for the purpose of preventing the plaintiff from selling the share in the land of this case. Thus, the defendant is obligated to cancel the registration of establishment of a mortgage for the purpose of preserving the ownership transfer registration due to the donation contract of this case, barring any counter-proof.
2. The defendant's argument regarding the defendant is alleged to be invalid since the contract of this case was concluded with D not in a normal state but in a normal state. However, there is no evidence to prove that the contract of this case lacks D's mental capacity at the time of the contract of this case. Thus, the first defendant's argument on a different premise is without merit.
3. Conclusion, the plaintiff's claim of this case is accepted as reasonable.