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1. Of the instant lawsuit, the part of the Plaintiff’s claim for cancellation of the mortgage contract against the Defendants is dismissed.
2. Defendant.
Reasons
1. Facts of recognition;
A. On April 29, 2011, the Financial Services Commission ordered A (hereinafter “Bankruptcy Bank”) to decide on any insolvent financial institution and to improve the management thereof, and the Bankruptcy Bank was declared bankrupt on March 27, 2012 as the Chuncheon District Court 2012Ham1, and the Plaintiff was appointed as the bankruptcy trustee.
B. D from July 28, 2006 to April 29, 2011, at the Bankruptcy Bank, worked as the head of the sales headquarters and credit review committee in charge of the business affairs of the Bankruptcy Bank, including credit review and general affairs.
C. From March 21, 2011 to September 9, 2011, the Plaintiff: (a) investigated the insolvency liability of the bankruptcy bank; (b) filed a claim for damages filed by the bankruptcy bank against D et al., an executive officer or employee; and (c) sought liability for damages incurred due to D et al.’s unlawful and unfair loans; and (d) taken over the claim for damages filed by the bankruptcy bank (Tcheon District Court 2012Da518).
In the above case, the judgment of winning part of the plaintiff who recognized liability for damages against D et al. was rendered on the ground that D et al. handled illegal and unfair loans in violation of the Mutual Savings Banks Act, or neglected credit investigation or preservation measures for claims.
D The amount of damages recognized for D is KRW 8,334,300,000, and most illegal and unfair loans are generated before December 23, 2010.
The above lawsuit is pending in the appellate court as Seoul High Court 2014Na944.
D In relation to the above illegal and unfair loan involvement, it became final and conclusive as a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) and as a violation of the Mutual Savings Banks Act.
E. On December 24, 2010, with respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by D, the registration of ownership transfer was made under Defendant B’s name on December 23, 2010 for the gift on December 23, 2010 (hereinafter “instant gift agreement”). Thereafter, the registration of ownership transfer was made on each of the instant real estate on February 9, 201.