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1. The part against Defendant A in the judgment of the first instance shall be revoked;
2. At the request of an exchange change in the trial.
Reasons
1. Basic facts
A. On November 1, 2007, the Plaintiff’s credit guarantee as to whether the Plaintiff was a stock company (hereinafter “China”) made a credit guarantee agreement as to the loan of corporate general facilities from a national bank (hereinafter “national bank”). The Plaintiff concluded a credit guarantee agreement as to the loan of corporate general facilities as of April 30, 2013 between the loan and the loan. The payment of the loan was delayed on February 29, 2008 and the loan did not pay interest, thereby losing the benefit due to the above loan repayment obligation. On December 29, 2008, the Plaintiff paid the loan of KRW 4,603,266,882, out of the loan of the loan of the loan of the loan of the loan of the loan of the national bank to the national bank as of December 29, 2008.
B. On February 3, 2009, at the time of the conclusion of the policy to establish a third party mortgage and the process of the lawsuit to revoke fraudulent act, the agreement to establish a mortgage (hereinafter “instant contract”) with D as to the real estate listed in the attached list (hereinafter “instant real estate”) was concluded with D while the obligation was exceeded, and D completed the registration of establishment of a mortgage (hereinafter “the instant registration of establishment of mortgage”) with D as the main registry office of Gwangju District Court No. 3020 on February 3, 2009. On May 23, 2009, D concluded a transfer contract with E on May 23, 2009, and completed the registration of establishment of a mortgage with the same registry office No. 20527 on June 25, 2009.
(2) Defendant B and C filed a claim for contract amount against D as the Gwangju District Court 2009Gahap7856, and received a settlement recommendation from the Gwangju District Court to the effect that “D shall pay each of the above amounts to Defendant B and C by February 20, 2010, and if the above amount is not paid by the payment date, it shall be paid by February 20, 2010.” The above decision became final and conclusive on February 3, 2010.
(3) In addition, Defendant B and C shall be as the Gwangju District Court 2009Gahap8781 on August 10, 2009 against E and D.