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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The reasoning of the court's explanation concerning this case is as follows: Eul's evidence of lack of evidence about the defendant's assertion; Eul's statement of Nos. 31 and 32 (including paper numbers; hereinafter the same shall apply); the court's statement of No. 5 of the first instance court's ruling "as it is" shall be changed to "as it is"; and the following judgment shall be added to the reasoning of the first instance court's judgment; therefore, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. From July 5, 1994 to June 12, 2013, the Defendant’s assertion: (a) on October 1, 2010, set up a mortgage on the said apartment as a maximum debt amount of KRW 180,000,00 with respect to the said apartment; and (b) on October 5, 2010, 150,000 with Korean bank, a debtor B and a mortgagee Co., Ltd., Ltd., a loan of KRW 150,00,000 from Korean bank.
Since the above loan was repaid to G on March 28, 2013 by C as the remainder that it received from G in selling the above apartment, B was deemed to have received 150,000,000 won from C, and the value of 2/14 shares among the building of this case is merely 44,00,000 won when based on the standard market price around October 15, 2014, and B cannot assert its inheritance shares against the building of this case. Thus, the building of this case was not considered to be included in the responsible property of B, and therefore, B did not have the intent to reduce the common creditor's joint security.
B. Comprehensively taking account of the overall purport of the statements and arguments in the evidence Nos. 31 and 32 as to the apartment of the Yangcheon-gu Seoul Metropolitan Government No. 1425, Oct. 1, 2010, C created the right to collateral security (right to collateral security) with respect to the apartment of No. 1425, Oct. 1, 2010, which is one of its own possession, and provided that B, Oct. 5, 2010, borrowed KRW 150,000,000 from the bank to Korea on Oct. 5, 2010; and C traded the said apartment to G on Jun. 13, 2013.