beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff has a claim for reimbursement against Nonparty C based on the payment order finalized by the Daegu District Court 2018 tea 6296.
B. C donated cash and shares of D to the Defendants, who are their children. In order to secure the payment of the gift tax arising from the donation, C provided the F of the Busan Shipping Daegu Building E (hereinafter “instant real estate”), which is one’s own ownership, as collateral, and on March 8, 2016, on the registration of the establishment of a mortgage (hereinafter “the first collateral mortgage”) with the “the maximum amount of the claim amount of KRW 161,567,149, Defendant A, and the mortgagee A, the mortgagee, and the mortgagee of the mortgage (hereinafter “the first collateral mortgage”)” and on May 2, 2016, on May 2, 2016, C completed the registration of the establishment of a mortgage (hereinafter “the second collateral mortgage”) with the “the maximum amount of the claim amount of KRW 192,858,094,094, the debtor, Defendant B, and the mortgagee of the right to collateral security (hereinafter “the second collateral mortgage”).
C. As to the instant real estate, the auction procedure (hereinafter “instant auction procedure”) was conducted in Busan District Court Dong Branch G, Dong Branch of the Busan District Court (hereinafter “instant auction procedure”), and as a result, on January 17, 2019, KRW 99,177,780 and KRW 92,842,180 were distributed to the North Korea Island, respectively.
In order to receive the claim for the indemnity against C, the Plaintiff received the claim attachment and collection order as of January 14, 2019 from the Jeju District Court 2019TTY 2019TY 20154 with respect to the claim for indemnity against C as a surety (i.e.,, the claim for indemnity that C had against the Defendants at the auction procedure of the Busan District Court Branch G branch branch of the Busan District Court, and the above claim attachment and collection order was served on the Defendants on January 21, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3 (including paper numbers), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion C pays the gift tax of this case to the Defendants.