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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 11, 2009 and March 11, 2009, the Plaintiff loaned a total of KRW 100 million to C on two occasions, and thereafter, the conciliation was concluded that “C shall pay KRW 120 million to the Plaintiff by July 31, 2014,” which read that “C shall pay KRW 120 million to the Plaintiff by July 31, 2014.”
(In Incheon District Court 2013Gahap2388). (b)
C) On August 25, 2014, with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) as indicated on August 25, 2014, the Defendant completed the registration of ownership transfer on August 25, 2014, the receipt of which was completed on August 25, 2014, No. 18287, the Seoul District Court: Provided, That the value based on the officially announced value of real estate owned by C at the time is 8,785,480 (=974 x 9,020) listed in the separate sheet 2, paragraphs (2) and 64,358,80 (i.e., 146.27 x 440,00) x 37,287,120 x 377 x 77,760 x 47,2646 x 264646 x 26646 x 3646464,27 m2646.
C. Meanwhile, on October 206, 2006, the registration of creation of a mortgage over the maximum debt amount of 300 million won, which is the mortgagee, on the real estate No. 6 of the above table prior to the transfer of the ownership of the instant real estate by the Defendant, was completed on October 20, 206 by the registration of creation of a mortgage over the said real estate, and on the real estate No. 1 through 5 of the above table, on February 17, 2010, the registration of creation of a mortgage over the maximum debt amount of 280,000,000 won (mortgage 200,000,000 won as the maximum debt amount), which is the mortgagee of the said real estate, as the joint collateral, on January 11, 2011.
The Plaintiff, in collusion with the Defendant for compulsory execution, set up a collateral security right on each of the instant real estate in collusion with the Defendant, and filed a complaint against C and the Defendant for evasion of compulsory execution. However, on March 27, 2015.