beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. In the name of C, on June 5, 2013, registration of ownership transfer was completed with respect to the building of 120.2 square meters and 93.4 square meters (hereinafter “each of the instant lands”) in Nam-gu Incheon Metropolitan City, and on September 27, 2013, the registration of ownership transfer was completed with respect to each of the instant lands and buildings (hereinafter “instant building”), respectively.
B. C: (a) on September 27, 2013, the registration of the establishment of a neighboring mortgage-holder’s maximum debt amount of KRW 585 million; (b) on October 31, 2013, the registration of the establishment of a neighboring mortgage-holder’s defense association; (c) on October 31, 2013, the registration of the establishment of a neighboring mortgage-holder’s defense right over each of the instant land; and (d) on August 29, 2014, the registration of the establishment of a neighboring mortgage-holder’s defense right over the instant land, which was KRW 260 million with the maximum debt amount of KRW 130 million; and (e) on August 29, 2014, the registration
C. On December 5, 2014, the Plaintiff purchased the instant real estate from C with the price of KRW 965 million, and agreed to accept the Plaintiff’s acquisition of each of the obligations secured by the respective right to collateral security against the Vindication Fisheries Cooperatives and the Defendant, as well as each of the obligations to refund the lease deposit on the instant building, in lieu of the payment of the total price (hereinafter “instant sales contract”), and received the registration of ownership transfer on the same day.
On April 24, 2015, G, a creditor of C, filed a lawsuit for the revocation of fraudulent act against the Plaintiff and the Defendant of the Incheon District Court 2015Kahap52998, and revoked on February 17, 2016, on the ground that the aforementioned contract for the establishment of mortgage between the part of the instant sales contract and C and the Defendant, concluded on August 29, 2014, constitutes a fraudulent act, respectively, and issued a judgment ordering the Plaintiff to pay KRW 32,829,420 and its delay damages (hereinafter “instant judgment”).