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The plaintiff's appeal is dismissed.
The plaintiff's supplementary claim is dismissed in this court.
An appeal.
Reasons
1. Facts of recognition;
A. On December 10, 2012, the Plaintiff lent KRW 70,000,00 to the Intervenor Intervenor C (hereinafter “ Intervenor”). On March 15, 2017, the Plaintiff filed a lawsuit against the Intervenor seeking the return of the principal and interest of the loan, and sentenced on March 15, 2017, that “the Intervenor shall pay to the Plaintiff 7,038,356 won and 70,000 won with 15% interest per annum from September 21, 2016 to the date of full payment.”
(Y) On January 25, 2018, the appellate court rendered a judgment stating that “the intervenor shall pay to the Plaintiff 49,340,710 won and interest calculated at the rate of 5% per annum from September 20, 2017 to January 25, 2018, and 15% per annum from the next day to the day of full payment” (U.S. District Court Decision 2017Na68871). The above judgment became final and conclusive on February 27, 2018.
B. Meanwhile, as to the instant real estate on September 26, 2017, the registration of transfer of the ownership in the name of the Intervenor was completed on September 26, 2017 on the ground of the Suwon District Court’s Yangyang District Court’s registration office (hereinafter “ Yangyang”)’s receipt No. 45273 on September 26, 2017, and the registration of transfer of the ownership in the name of the Defendant was completed on the ground of the sales contract dated 20, July 20, 2017 (hereinafter “instant sales contract”).
C. On September 26, 2017, the Defendant concluded a mortgage-backed contract with the Industrial Bank of Korea as a joint collateral, and on the same day, concluded a mortgage-backed contract with the Industrial Bank of Korea as to the instant real estate, and completed the registration of establishment of a mortgage over KRW 1,776,00,000 with respect to the instant real estate to the Industrial Bank of Korea as the receipt of the maximum debt amount on September 26, 2017.
[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1, 2, and 17 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Judgment as to the main claim
A. The summary of the Plaintiff’s assertion.