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1. The Defendant and Nonparty C entered into on November 21, 2012 with respect to the real estate stated in the separate sheet.
Reasons
1. Basic facts
A. A. On January 12, 2004, the Plaintiff lent KRW 137,500,000 to AD Co., Ltd., Ltd., and Nonparty C jointly and severally guaranteed the above obligation.
B. The Plaintiff filed a lawsuit against C and Nonparty D with the Suwon District Court 2012Gahap21419, and C was served with a copy of the Plaintiff’s complaint on November 20, 2012.
C. On November 22, 2012, C completed the registration of creation of a neighboring mortgage (hereinafter “instant collateral security”) on the real estate recorded in the attached list (hereinafter “instant real estate”) to the Defendant, who is a partner of the wife E, on November 22, 2012, as the receipt of the registration office of the Daejeon District Court, from No. 53278, Nov. 21, 2012, due to a contract establishing a collateral security (hereinafter “instant collateral security”).
C was jointly and severally decided on May 31, 2013 with Nonparty D that “C shall pay KRW 137,500,000 to the Plaintiff by May 31, 2013.”
E. On September 10, 2013, a decision to commence compulsory auction was rendered on the instant real estate, and the Daejeon District Court Seosan BranchF is proceeding with the compulsory auction of real estate.
F. C did not have any other property than the instant real estate at the time of concluding the instant mortgage contract.
[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 4, and 8 (if there are additional numbers, including each number; hereinafter the same shall apply), the fact inquiry results against the Minister of Land, Infrastructure and Transport, the purport of the whole pleadings
2. Determination on the revocation of fraudulent act and the claim for restitution
A. The act of offering real estate, which is the only property of a debtor, to a person among creditors, who is not in excess of the debt, becomes a fraudulent act subject to creditor's right of revocation in relation to other creditors (see Supreme Court Decision 2000Da43352, Apr. 12, 2002), barring any special circumstance (see Supreme Court Decision 2000Da43352, Apr. 12, 2002). The instant real estate, which is the sole property C, is between the creditor and the defendant who is the only property.