Text
1. In relation to the Plaintiff and Defendant B, D, E, and F, entry in the separate sheet concluded on September 26, 2008 between Defendant B and G.
Reasons
1. The following facts of recognition are found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, and 3, and Eul evidence Nos. 1 and 14, based on the overall purport of the pleadings:
A. A Co., Ltd. (hereinafter “A”) was declared bankrupt on August 7, 2009 by the Jeonju District Court 2009Hahap1, and the Plaintiff was appointed as the bankruptcy trustee of A.
B. On December 11, 2006, G assumed office as a director of A and served as the representative director from February 2, 2007 to September 24, 2008. On January 25, 2011, G actively participated in the handling of unfair loans during the period of the representative director, thereby causing damage of KRW 43.827 billion to A. The Plaintiff filed a lawsuit seeking payment of KRW 2.3 billion among the above damages, and was sentenced to a judgment in favor of all the Plaintiff on May 25, 2013, and the said judgment became final and conclusive thereafter.
C. On September 26, 2008, G entered into a contract of donation with Defendant B on the instant real estate (hereinafter “instant donation contract”) and completed the registration of ownership transfer with Defendant B on the same day as Seoul Central District Court’s registration date No. 48515 on September 26, 2008.
Defendant B entered into a contract to establish a collateral security with H on December 29, 2008. On the same day, Defendant B completed the registration of creation of a collateral security with respect to the said real estate as the maximum debt amount of KRW 390 million with the Seoul Central District Court’s registry No. 61769, Dec. 29, 2008; Defendant B, the debtor; and the mortgagee B and the mortgagee H on November 26, 2010. However, the registration of establishment of a collateral security with respect to the said real estate was completed by changing the maximum debt amount of the collateral security to KRW 2575 million with respect to the registration of the Seoul Central District Court’s registry of the Seoul Central District Court’s registry of the Seoul Central District Court; and the registration of change of the maximum debt amount of the collateral security at KRW 57759, Nov. 29, 2010.