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Reasons
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(영문) 창원지방법원 2017.07.12 2016가단111075
소유권말소등기
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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. As to C, the Plaintiff has a claim for damages for delay calculated at the rate of 4,117,840 won and 6% per annum from April 8, 2016 to May 9, 2016 and 15% per annum from the next day to the day of complete payment, according to the payment order issued from Changwon District Court Kim Jong-si, 2016Da841, May 3, 2016.

B. C shares 1/2 of each of the Defendant, a woman living together, and D 360 square meters in Kimhae-si (hereinafter “1”) and E road 33 square meters in size (hereinafter “2 land”). On May 23, 2016, C, a woman living together, shared one-half shares in the instant land, which is the only real estate, and completed the registration of ownership transfer with the Defendant on May 23, 2016.

C. At the time of selling the instant land’s share, C was in excess of the obligation that exceeds the active property. The market price of the instant land’s share was 119,614,500 won in total [232,20,000 won + 7,029,000 won in the second land + 1/2].

On the other hand, on July 26, 2012 regarding the entire land of this case, the registration of creation of a neighboring mortgage of KRW C, 156,00,000 for the obligor C, the maximum debt amount of KRW 156,00,000, was completed on January 28, 2016, and on January 28, 2016, the registration of creation of a neighboring mortgage of KRW C and the Defendant, the maximum debt amount of KRW 65,00,000 was revoked on May 23, 2016.

[Reasons for Recognition] No dispute exists, Gap 1, 2, 4-1, 4-2, Eul 2-2, 11, and 12, fact-finding results on Kimhae market, and the purport of all pleadings

2. Determination as to the cause of action

A. The Plaintiff’s cause of the claim constitutes a fraudulent act in relation to the Plaintiff, a general creditor, who sold shares in the instant land, the only real estate of which was sold by C to the Defendant in excess of the obligation. The registration of creation of a neighboring mortgage after the fraudulent act constitutes a secured claim.

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