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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. A. C Co., Ltd. (hereinafter “C”) is a corporation with the objective of real estate development business, etc. run by D. The Defendant, as E’s wife, is a person who runs a human resources business with E with the trade name “F.” The Defendant is a C owner of each real estate listed in the separate sheet (hereinafter “each of the instant commercial buildings”). As to the real estate listed in the separate sheet No. 4 on May 28, 201, the Defendant completed the registration of the establishment of the mortgage over the maximum debt amount of KRW 45 million on April 28, 2011, and the registration of the establishment of the mortgage over each of the instant commercial buildings on March 19, 2012.
(2) The registration of each of the instant mortgages is referred to as the “each of the instant mortgages” and the registration of each of the instant mortgages is referred to as the “registration of establishment of each of the instant mortgages.”
Contents of various agreements and circumstances related to the implementation thereof 1) Entry in the argument of this case (hereinafter referred to as "the same") are allowed.
(A) The letter of commitment implementation (Evidence A) contains the agreement on December 23, 2015, including the date on which the Plaintiff filed a criminal complaint against D individuals, such as evasion of compulsory execution and fraud, and withdrawal of civil action, including this Court 2015Gahap22896. At the end, the Plaintiff’s signature and D’s signature are present. The specific contents are as follows. (A) D’s implementation details (i) transfer of ownership of each of the instant commercial buildings owned by D to the Plaintiff in return for the withdrawal, and (ii) pay KRW 500 million by January 16, 2016.
However, in order to raise the plaintiff's registration cost, the provisional registration procedure is consented and relevant documents shall be issued.
② At the time of transfer of ownership of each commercial building of this case, documents, such as a certificate of termination of provisional seizure in the name of G, shall be delivered to the Plaintiff, and provisional seizure in the name of the Defendant.