1. The claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Plaintiff’s assertion

The Plaintiff’s obligor B entered into a mortgage contract with the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”) with the Defendant in excess of his/her obligation, which should be revoked as a fraudulent act, and the establishment registration of a mortgage on the real estate that was completed under the said contract should be revoked as a reinstatement.

Judgment

Facts of recognition

B purchased the instant real estate from C on March 22, 2013 with the following content:

The purchase price of KRW 16 million shall be paid and received at the time of the contract and the balance of KRW 13.5 million shall be paid in April 16, 2013.

This contract is terminated if the buyer's bank loan of KRW 60 million will not take place at the bank (in this case, the seller will return the full down payment without any condition). The defendant, on behalf of B on March 23, 2013, paid the down payment of KRW 2.5 million to C.

The Defendant paid KRW 50,390,000 to B on April 16, 2013, and B borrowed approximately KRW 49 million from the National Bank on April 16, 2013.

B paid 3.6 million won which is less than 13.5 million won and less than 3.6 million won agreed to each of the above amounts and money in its account on the same day.

B under the understanding of C on the same day, the registration of ownership transfer for the instant real estate was completed in the future, and the establishment registration was completed to the National Bank of Korea with the maximum debt amount of KRW 57.6 million.

On July 31, 2013, after three months from the date of the remainder agreement, the Defendant paid KRW 3.710,000,000,000,000 to C, plus 1,110,000,00 in interest name.

On the other hand, the Defendant, between B and B on April 16, 2013, concluded a mortgage agreement with a maximum debt amount of KRW 80 million regarding the instant real estate in order to secure the repayment of the money that the Defendant paid to B for the purchase of the instant real estate, and on December 20, 2013.