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1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.
Reasons
1. Basic facts
A. A. Around February 24, 2016, the Plaintiff filed a lawsuit against D with the Daejeon District Court claiming that D lent KRW 120,000,000 to D, and on June 20, 2018, the said court rendered a judgment that “D shall pay the Plaintiff the amount of KRW 120,000,000 and the interest calculated at the rate of 15% per annum from January 17, 2018 to the date of full payment” (No. 2626), and D appealed appealed, but the appeal was dismissed on December 18, 2018 (No. 2018Na4398), and the said judgment became final and conclusive on January 8, 2019.
B. On November 26, 2018, D entered into a trust agreement (hereinafter “instant trust agreement”) with respect to the real estate (hereinafter “instant real estate”) listed in the separate sheet (hereinafter “instant trust agreement”) with the trustor D, the trustee, the Defendant, the Defendant, the Intervenor of the first beneficiary, the Intervenor, and the beneficiary, determined the amount of KRW 594,10,000 as KRW 457,00,000 from the Defendant’s Intervenor, and the expiration date of the extension of the credit at the rate of 19.8% per annum on November 26, 2021, with the maximum interest rate fluctuation rate and damages rate of 19.8% per annum. On the same day, in order to secure the instant loan’s obligation, D’s trust agreement was concluded on the same day.
C. On the same day, D completed the registration of ownership transfer (hereinafter “the registration of ownership transfer”) to the Defendant, the trustee, based on the trust held on November 26, 2018, pursuant to the instant trust agreement on the same day.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 5, Eul's 5 through 11, the purport of the whole pleadings and arguments
2. The assertion and judgment
A. Although the Plaintiff’s assertion D bears the obligation against the Plaintiff, it completed the registration of ownership transfer on the instant real estate, which is one of its sole property for the purpose of undermining the Plaintiff, a creditor, based on a trust contract, to the Defendant, and thereby caused insolvency. Thus, the instant trust contract constitutes a fraudulent act, and thus, the instant trust contract between D and the Defendant is revoked, and the Defendant is the Defendant.