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1. In accordance with a claim for restitution following the revocation of a fraudulent act that has been changed in exchange at the trial, the defendant shall be B.
Reasons
1. Basic facts
A. The Plaintiff is a creditor who has a claim for 47,494,726 won against B and damages for delay from December 29, 2000.
B. On July 5, 2013, C completed the registration of creation of a mortgage on each real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”) with a maximum debt amount of KRW 170 million, and the registration of creation of a mortgage on each of the instant real estate leased to the debtor (hereinafter “each of the instant real estate”). B completed the additional registration of the transfer of mortgage on the ground of a final claim transfer as of October 18, 2013, and the Defendant completed the additional registration of the transfer of mortgage on the same date (However, with respect to the real estate listed in paragraph (4) of the separate sheet No. 1, October 30, 2014).
C. On May 20, 2016, the procedure of voluntary auction was initiated regarding each of the instant real estate. Around January 2017, the said schedule was prepared on February 23, 2017, as shown in the separate sheet Nos. 2 and 3, and in the case of voluntary auction of the real estate and the real estate as indicated in the separate sheet Nos. 2 and 2 in the separate sheet Nos. 1, 2017 and the G. H real estate auction as indicated in the separate sheet No. 2
(The Defendant did not have the right to receive dividends with respect to the area of 309 square meters of the I road in Gwangju-si. Meanwhile, in the case of the Suwon District Court's G real estate rental auction as stated in the attached Tables 1 and 4, for each real estate listed in the attached Tables 1 and 1, the Defendant did not receive dividends.
[Ground of recognition] Facts without dispute, entry of Gap 1 through 5 evidence (including each number), the purport of the whole pleadings
2. Determination as to the establishment of fraudulent act
A. The fact that the plaintiff held claims against B at the time of the transfer of the confirmed claim of this case as the preserved claim of this case is determined as to the cause of the claim is stated in the evidence of Eul 1 to 4 (including each number), the head of Dongdaemun-gu Seoul Metropolitan Government court at the first instance court, and the Chairperson of the Korea Federation of Banks.