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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. From March 2014 to April 2014, the Plaintiff supplied Nonparty D Co., Ltd. (hereinafter “D”) with steel materials worth KRW 870 million.
B. D repaid to the Plaintiff KRW 650 million out of the price of the above goods, but the remaining KRW 210 million was not paid. However, as the Plaintiff intended to take a preservative measure on D’s property, D, Nonparty B, the Steel Co., Ltd., and E were issued a promissory note with the Plaintiff’s face value of KRW 221,00,000 with the Plaintiff as the addressee on May 16, 2014, and with the payment of KRW 221,00,000,000 with the payment of KRW 10,000,000.
C. B, around May 22, 2014, concluded a mortgage agreement with the Defendant regarding the 808th floor of the 8th floor of the Kimhae-si, the only property of which is the Defendant (hereinafter “instant real estate”) and the Defendant as the mortgagee, the maximum debt amount, KRW 60 million.
(hereinafter “instant mortgage contract”). D.
Since then, the auction procedure for the instant real estate was in progress to Changwon District Court C, and around April 8, 2015, the instant real estate was sold to others. On May 14, 2015, the instant court distributed KRW 136,574,27, excluding the execution cost, from the auction price for the instant real estate, to the Defendant, Samsung Life Insurance Co., Ltd., a first-class mortgagee, 82,336,29 won, and KRW 54,237,978, respectively.
【Ground for Recognition: Facts without dispute; entries in Gap evidence 1 to 8; the witness B’s testimony; the fact-finding results in the Kim Sea; the purport of whole pleadings】
2. Determination on the claim
A. The Plaintiff asserts that the act of fraud constitutes a fraudulent act, where B, the obligor, entered into a mortgage contract to the Defendant on the instant real estate, which is the only property under excess of the obligation, and completed a mortgage establishment registration on the instant real estate, constitutes the act of reducing liability property in relation to the general creditor.
In this regard, the defendant is not a fraudulent act, and the defendant asserts it in good faith.
(b).