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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. (1) The Plaintiff entered into an investment contract with D, E, and F, with the content that if the said company invests KRW 1 billion in the business executed and constructed in the G Single Housing Complex in Jeju, the said company would be paid KRW 1.54 billion including the profits of KRW 540 million, and the said company’s obligations under the investment contract were jointly and severally guaranteed by C, etc.
Accordingly, from October 22, 2014 to March 9, 2015, the Plaintiff paid KRW 1 billion to the said companies at least nine times.
(2) However, the above company did not pay the above investment amount and its profits to the Plaintiff, and the Plaintiff filed a claim for a payment order of investment amount, etc. with the Seoul Central District Court 2016 tea15784, and on May 23, 2016, the Plaintiff issued a payment order to the Plaintiff on May 23, 2016, stating that “C et al. jointly and severally paid to the Plaintiff 50 million won and its interest per annum from the day following the delivery of the above payment order to the day of full payment.” The above payment order was finalized on June 16, 2016.
B. C’s disposal of real estate (1) C’s disposal of real estate (hereinafter “instant apartment”) shall complete the registration of ownership transfer in its name with the transaction value of KRW 360 million on September 3, 2015, on the real estate indicated in the attached Form (hereinafter “instant apartment”).
(2) On February 16, 2016, C created a right to collateral security (276 million won) to the mortgagee of the right to collateral security against the instant apartment.
(3) On December 26, 2016, C created a right to collateral security (the maximum debt amount of KRW 260 million) with respect to the instant apartment. On March 22, 2017, C loaned the Defendant’s debt amount of KRW 200 million from the Defendant, and revoked the said right to collateral security (hereinafter “H”) on March 23, 2017, C created a right to collateral security (the maximum debt amount of KRW 260 million) with respect to the instant apartment on the same day to the Defendant on the same day.
(4) On June 9, 2017, the Defendant sold the instant apartment on May 17, 2017.