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1. Of the instant lawsuit, the part of the claim for cancellation of the transfer contract against Defendant E and F is dismissed.
2...
Reasons
1. Facts of recognition;
A. The status of the party C and D is the husband and wife, the defendant E is the woman of the defendant C, the defendant F is the woman of the defendant C, and H is the mother of the defendant D.
B. (1) On November 7, 2005, the Plaintiff entered into a lease agreement with Defendant C and D on November 7, 2005 (hereinafter “instant lease agreement”) with the lessor as H, and the lessor’s agent as Defendant D, with respect to the building J (hereinafter “J building”) located in Suwon-si, Suwon-si, the ownership transfer registration of which was completed under H’s name. The lease agreement was concluded between December 30, 2005 and December 30, 2010 with the lease deposit amounting to KRW 250 million (hereinafter “instant lease agreement”).
(2) The Plaintiff has occupied and used the J building 201 from December 30, 2005, which completely paid the instant lease deposit.
(3) On December 9, 2010, immediately before the expiration date of the instant lease agreement, the auction procedure was initiated upon the application of the Fund of Seocho-gu Saemaeul Community, the mortgagee, and the Plaintiff purchased on January 31, 2012, J building 201 and completed the registration of ownership transfer in its name.
C. Meanwhile, from August 12, 2003 to November 5, 2004, Defendant C borrowed a total of KRW 467,900,000 from Defendant F. As a security on December 24, 2007, each of the real estates listed in the separate sheet (hereinafter “instant real estate”) owned by Defendant C, with the maximum debt amount of KRW 70,00,000,000,000 from Defendant F, concluded a mortgage agreement with Defendant F with each of the real estates listed in the separate sheet (hereinafter “instant real estate”). Defendant F concluded a mortgage agreement with the maximum debt amount of KRW 5,20,00,00,000 from the total debt amount of KRW 5,00,00,000,000,000,000,000,000,000 won.
(2) On December 26, 2001 and April 12, 2005, Defendant C borrowed a total of KRW 386 million from Defendant E. On November 30, 2008, Defendant C entered into a mortgage agreement with Defendant E with a maximum amount of debt regarding each of 5/20 shares of the instant real estate, with the maximum amount of debt.