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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. (1) Under a credit guarantee contract concluded on May 27, 2010, the Plaintiff had a claim for reimbursement equivalent to KRW 10,851,156 for C as of June 3, 2016 (264,182 of substitute payment of KRW 1,494,01 for delay damages of KRW 264,182 of substitute payment of KRW 1,494,01 for delay damages of KRW 3,975,680).
(2) Upon the occurrence of a credit guarantee accident, C entered into a donation agreement with B, one’s spouse, on April 2, 2013 with respect to the instant real estate, and completed the registration of ownership transfer to B on April 8, 2013 by receipt of the Government Registry of the District Government District Court (28412).
(3) B between D and D on June 7, 2013, entered into a mortgage agreement with the debtor as to the instant real estate with the maximum debt amount of KRW 140 million, and accordingly, completed the registration of establishment of a neighboring mortgage in the name of D as the receipt of the Government Registry of the District Government District Court No. 54996 on June 20, 2013.
(4) The Plaintiff filed a lawsuit seeking revocation of a fraudulent act with respect to B and D, Daejeon District Court Decision 2013Ga221838 (2013Gada395191). On July 30, 2014, the above court rendered a favorable judgment against the Plaintiff that “B and C shall cancel the gift agreement of this case between B and C within the scope of KRW 5,381,465 and its delay damages, and D shall perform the registration procedure for cancellation of the establishment of the above neighboring mortgage, and D shall pay the Plaintiff KRW 8,248,685 and its delay damages.” The above judgment became final and conclusive around that time.
B. The Defendant entered into a mortgage contract in the instant case and the establishment of a mortgage (hereinafter “mortgage contract in the instant case”) with B on February 11, 2014 for the purpose of securing the price of the goods during the supply of food materials to B, and entered into a mortgage contract with B with the maximum debt amount of KRW 35 million as to the instant real estate (hereinafter “the instant mortgage contract”) and entered the claims as to the instant real estate on the 12th of the same month.