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1. The plaintiff's primary and conjunctive claims are dismissed, respectively.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. B had been granted a loan of KRW 400 million from the National Bank under the Plaintiff’s credit guarantee in 1990. From May 1, 1994, the Plaintiff delayed payment of interest on the loan from May 1, 1994. On December 29, 1994, the Plaintiff filed a lawsuit against B for the claim for indemnity amounting to KRW 217,160,753 and KRW 214,384,262 from December 29, 1994 to January 31, 1998, the judgment was rendered to the Plaintiff at the rate of KRW 25% per annum from the next day to August 31, 1998, until December 31, 200, and from the next day to December 31, 1998, the Plaintiff received the said rate of KRW 130% per annum from the next day to December 31, 1998.
B. Seoul Mapo-gu Seoul Metropolitan Government D building C, 301 (hereinafter “D building”) is originally owned by B, and C, on July 21, 1994, completed the principal registration of transfer of ownership as to D building, and on August 3, 2002, completed the principal registration of transfer of ownership.
C. The D Building was reconstructed on November 5, 2003, and the ownership transfer registration was completed in the D Building Rebuilding Housing Association on the ground of the trust on November 5, 2003, and C was removed, and C obtained the sale of the newly-built real estate (hereinafter “instant real estate”) and completed registration of preservation of ownership on May 23, 2005.
B on August 26, 2009, the wife E completed the registration of ownership transfer on the ground of sale and purchase of the instant real estate, and the deceased died on May 11, 201, the Defendant solely completed the registration of ownership (revision) on October 15, 2012.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 2, 4 and 5, the purport of the whole pleadings
2. The Plaintiff’s assertion B conspired in order to avoid the creditor’s compulsory execution, and title trust of the D building to C. Since then the D building was removed, and the instant real estate was newly constructed, it was successively nominal trust to C, the deceased, and the Defendant.