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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On May 3, 199, the Defendant completed the registration of creation of a mortgage of the instant maximum debt amount of KRW 100 million based on the contract to establish a contract on May 1, 199 with respect to the instant real property owned B.
B. On May 29, 2015, the Plaintiff filed a lawsuit against B and C with the Jeonju District Court No. 2015Kadan30, Jan. 2, 2015, and rendered judgment on May 29, 2015 that “B shall jointly and severally with C to the Plaintiff KRW 115,076,882, and KRW 91,728,678 as to the Plaintiff, 18% per annum from December 21, 1999 to December 19, 2004, and KRW 20% per annum from the next day to the date of full payment.” The above judgment was finalized on June 23, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1 to 4, the purport of the whole pleadings
2. The plaintiff's assertion
A. C, in order to be exempted from compulsory execution due to difficulties in its management, B completed the registration of the establishment of the neighboring real estate of this case to the Defendant. This is null and void as a conspiracy with false representation. The Plaintiff seeks to cancel the registration of the establishment of the neighboring real estate of this case in subrogation of B, who is insolvent.
B. The secured obligation of the instant right to collateral security was extinguished upon repayment or extinctive prescription.
3. Determination
A. The evidence submitted by the Plaintiff to determine whether a conspiracy was false is insufficient to deem that the mortgage contract of this case was a false declaration of intent with the intention of evading compulsory execution, and there is no other evidence to acknowledge it.
(M) According to the statement of Eul No. 3, on June 16, 2014, Eul prepared a written confirmation to the defendant on June 16, 2014 that the defendant has a debt of KRW 34 million at present with the certificate of the personal seal impression attached. (B)
1) The plaintiff asserted that the secured debt of this case was extinguished by the repayment of the secured debt of this case, but there is no evidence to acknowledge this, and this part of the claim is without merit.