불법행위
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. C (name D before the opening of name) drafted and delivered to the Plaintiff each of the loan certificates (hereinafter “each of the loan certificates of this case”) 100,000,000 won on October 16, 2003, interest rate of 1.5% on the loan amount of 15,00,000 won on December 3, 2003, interest rate of 1.5% on the loan amount of 1.5% on April 1, 2004, the loan amount of 50,000,000 won on April 1, 2004, and 620,000,000,000 won on June 1, 2004, and interest rate of 1.5% on interest rate of 1.5% on the loan (hereinafter “each of the loan certificates of this case”).
B. On December 18, 2012, Defendant and its wife C completed each registration of the transfer of ownership as to each of the 1/2 shares of the real estate listed in the separate sheet.
C. On June 7, 2013, C transferred 1/2 shares of the real estate indicated in the foregoing Schedule (hereinafter “instant real estate”) to the Defendant, and completed the registration of ownership transfer as Seoul Western District Court No. 24342, Jun. 7, 2013.
[Ground of recognition] Facts without dispute, Gap evidence 1, 5 evidence, Eul evidence 7, 15, 18 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. (1) The plaintiff's assertion (1) primarily, the defendant and C conspired with each other to evade compulsory execution against C, and completed the registration of ownership transfer in the future of the defendant with respect to the real estate of this case. Since the plaintiff was not able to receive a loan claim from C due to the above illegal act, the defendant is liable to compensate the plaintiff for the amount stated in the primary claim for damages.
(2) Preliminaryly, the transfer of the instant real property to the Defendant constitutes a fraudulent act, and thus, it should be revoked as a fraudulent act, and the transfer registration of co-ownership in the preliminary claim, which was completed in the name of the Defendant with respect to the instant real property to its original state, should be revoked.
B. The Defendant’s assertion (1) did not hold a loan claim against C, and each of the loans as of April 1, 2004 and June 1, 2004 were drafted by E’s coercion, the Plaintiff’s spouse, and during that period, according to E’s proposal.