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1. The plaintiff's claim against the defendants is all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. (1) On October 20, 2009, the Plaintiff leased and occupied and used the building located in Seoul Special Metropolitan City G (director’s “instant leased building”) from D on October 20, 2009 as the deposit amount of KRW 50 million and the contract period from October 27, 2009 to October 27, 201.
(2) After the termination of the above lease agreement, the Plaintiff filed an application for payment order with the Incheon District Court 2013 tea6065, and the Incheon District Court issued a payment order on May 28, 2013, and it became final and conclusive as it did not raise any objection against D.
(3) The Plaintiff received dividends of KRW 20,000,000 as a small lessee on December 19, 2014 in the case of the commencement of voluntary auction at the Incheon District Court HH on the instant leased building and site.
B. D’s property legal act (1) on May 25, 2012, 2012, set up a collateral of KRW 30,000,000 with respect to the instant building owned by himself/herself, and F transferred the said collateral to Defendant BB Co., Ltd. (hereinafter “Defendant BB”) on April 9, 2015.
(2) On September 12, 2014, D sold the instant building to Defendant B at KRW 120,000,000 (hereinafter “instant sales contract”); Defendant B, on the same day, set up a right to collateral security of KRW 48,000,000 to Defendant C.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 7 evidence, purport of the whole pleadings
2. The plaintiff's assertion that D, in excess of his/her obligation, set up a mortgage on the instant building, which is the only property of F, and that selling and disposing of the said building to Defendant B constitutes a fraudulent act detrimental to the creditor, as an act inducing or deepening the shortage of joint security for general creditors including the plaintiff, and constitutes a fraudulent act detrimental to the creditor. F, the beneficiary, Defendant B, and Defendant B, and the subsequent purchaser, Defendant B, and C's bad faith.