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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is only the creditor of B, and in collusion with B, the Defendant did not trust the name of the owner on the register of the “K SaB” of the first floor of the Yongsan-gu Seoul Metropolitan Government and J-gu building (hereinafter the “SaB”) to G.
2. Determination
A. Comprehensively taking account of the evidence duly admitted and examined by the lower court and the first instance court, the following facts can be recognized.
(1) A) B, around 2004, acquired L Co., Ltd. operating the instant private letter as to the instant private letter.
(B) The Defendant lent the instant private loan funds to B. However, around January 19, 2006, when he was appointed as the representative director of L corporation, he changed the name of the corporation to E Co., Ltd. (hereinafter referred to as “E”), the Defendant’s wife H, and the Defendant’s employees G, who were operated by the Defendant, were appointed as the auditor. Since March 19 of the same year, G had G take charge of the funds, funds, friendship, or business as the chief of the general affairs of the instant private loan, and E had them take charge of the same year.
3. 16. A business report of the instant friendship was filed.
(C) Upon the commencement of the voluntary auction procedure on August 10, 2005 with respect to the instant private letter, G paid KRW 65,431,200 out of the KRW 100,000 borrowed from N on December 12, 2006 as a bid deposit and received the award of the instant private letter.
(D) On February 15, 2007, G paid KRW 717,700,000 as the successful bid price for the instant private loan to the auction court, and completed the registration of ownership transfer.
(E) On February 5, 2007, the establishment registration of a neighboring mortgage at KRW 716,200,000 was completed with respect to the instant private loan as to the Korea Exchange Bank, Korea Exchange Bank, debtor P, the maximum debt amount, KRW 716,20,00. At the time, the representative director of P is G, but the actual operator is B.
(f) On February 16, 2007, theO completed the right to collateral security (2 billion won with respect to the instant friendship), the mortgagee of the right to collateral security (O), and the debtor G), and the same year.
5.3. The real estate of this case.