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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. The Plaintiff concluded a contract with B for the supply of automobile goods and supplied the goods to B by November 15, 2013, but did not receive KRW 137,502,00 among the goods, and filed an application for a payment order seeking the payment order with the Suwon District Court Ansan Branch 2013 tea7037.
On December 11, 2013, the above court issued a payment order stating that “The debtor shall pay to the creditor KRW 137,502,000 with interest and KRW 6% per annum from November 16, 2013 to the delivery date of the payment order, and the payment order was finalized on January 3, 2014.”
B. B, on April 22, 2013, concluded a mortgage agreement with the Defendant regarding the real estate listed in the separate sheet (hereinafter “instant real estate”) with the maximum debt amount of KRW 600,000,000, and the debtor C, a joint mortgage agreement with the Defendant as to the instant real estate (hereinafter “instant mortgage agreement”). On the same day, the Defendant paid the Defendant a substitute for the registration of the establishment of a mortgage on April 22, 2013 as the receipt of the Incheon District Court’s Incheon District Court’s Incheon District Court’s receipt and 30120 regarding the instant real estate.
[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings
2. The Plaintiff’s assertion that the instant mortgage contract is a fraudulent act that causes damage to the general creditor, as it disposes of the instant real estate, which is the only real estate B, and is presumed to have been maliciously committed by the Defendant, so the instant mortgage contract should
3. Determination is based on the fact that the obligor’s disposal of its sole real estate in excess of its obligation constitutes fraudulent act in relation to ordinary creditors, barring special circumstances, and the beneficiary’s bad faith is presumed.
According to the results of the court's response to the order to submit tax information to Yeonsu-gu, B is recognized as having not owned any other property than the real estate at the time of entering into the mortgage contract of this case.
On the other hand.