1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The gist of the Plaintiff’s assertion was that the Plaintiff acquired the principal and interest of the loan to E from the Plaintiff Company E, and the payment order (Seoul Central District Court 2017 tea 906628) was finalized by filing an application with the Seoul Central District Court for payment order (Seoul Central District Court 2017 tea 90628). At present, the Plaintiff has a claim against D with the payment order and the damages for delay.

However, D concluded each of the instant mortgages contract with respect to each of the instant real estate, which is the only property of D, in the absence of a large amount of debt, and upon completing the registration of establishment of each of the instant collateral to the Defendant, reduced the joint collateral for D’s general creditors including the Plaintiff.

As above, D concluded each of the instant mortgage contracts with the Defendant with the intention of deception. The Plaintiff, as a creditor of D, cancelled each of the instant mortgage contracts, which is a fraudulent act, and filed a claim for the cancellation of each of the instant mortgages to the Defendant due to its restitution.

2. Determination as to the cause of action

A. A creditor who asserts that a debtor’s legal act, etc. is a fraudulent act and seeks its revocation must specifically claim and prove the existence of the preserved claim and the debtor’s legal act, etc., as well as the fact that the debtor’s insolvency was caused by the juristic act, etc., and that the debtor’s intent to respect the debtor’s deception, etc.

(see, e.g., Supreme Court Decision 2014Da41575, Oct. 27, 2014). In addition, whether an obligor’s insolvency is determined as at the time of the fraudulent act in a creditor’s revocation suit, and the burden of proof exists on the creditor.

(see, e.g., Supreme Court Decision 2016Da211408, Jan. 25, 2017). B

Judgment

The following circumstances, i.e., that are acknowledged by adding the whole purport of the pleadings to each entry in evidence Nos. 1, 2, 3, and 4 (including each number):