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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 1, 2009, the Plaintiff entered into a credit guarantee agreement with D to the guarantee principal of KRW 200 million, the guarantee period from October 1, 2009 to January 31, 2012. When the Plaintiff fulfills the guarantee obligation, the Plaintiff agreed to pay damages calculated by multiplying the principal and interest on the payment, and the rate prescribed by the Plaintiff from the date of performance of the guarantee obligation to November 30, 2012 (15% per annum from June 1, 2005 to November 30, 2012), and expenses incurred in performing the guarantee obligation, etc.
B. On October 1, 2009, D, the buyer of Kimpo-si E apartment (hereinafter “instant apartment”), was loaned KRW 200 million from the Korean bank (hereinafter “Korea bank”) as an intermediate payment, etc. as collateral, but on February 22, 2012, it lost the benefit due to delay in the principal of the loan, and on November 2, 2012, the Plaintiff subrogated the Korean bank to pay KRW 210,429,252 for the principal and interest of D.
C. Meanwhile, on August 16, 2012, D entered into a gift agreement with Defendant A (hereinafter “instant gift agreement”) with respect to each real estate listed in the separate sheet No. 1 (hereinafter “real estate No. 1”) on August 16, 2012, and completed each transfer registration as of September 24, 2012 by the receipt No. 63626 on the Nam-dong registry office of the Incheon District Court. On the same day, D entered into each gift agreement with Defendant A (hereinafter “instant gift No. 2”) with respect to each real estate listed in the separate sheet No. 2 on the same day (hereinafter “instant real estate No. 2”). Defendant A completed each transfer registration as of September 24, 2012 by the Dongcheon District Court of Incheon, the registry office of Dongcheon District Court, and received each share transfer registration as of September 24, 2012.
Defendant A, as to the instant real estate No. 1, the Incheon District Court, the Nam-dong registry office of the Incheon District Court, No. 13015, Mar. 8, 2013, based on the mortgage agreement concluded on March 8, 2013 to Defendant B (hereinafter “instant mortgage agreement”), KRW 58 million.