1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

A. On June 27, 2017, the Seoul Central District Court 2017da5060464 claim filed by the Plaintiff against D and F, the said court rendered a ruling that “D and F shall jointly and severally pay to the Plaintiff 169,326,613 won and 69,113,692 won with interest of 19% per annum from December 22, 2001 to the date of full payment” and the said ruling became final and conclusive on August 8, 2017.

B. On July 3, 2015, D entered into a mortgage agreement with E as to the one-half portion of the buildings listed in the separate sheet with E, with the maximum debt amount of KRW 30,000,000, and with the obligor E, and completed the creation registration of the right to collateral security on the same day (hereinafter “instant right to collateral security”).

C. On April 15, 2019, D entered into a contract on the assignment of claims between the Defendant and the Plaintiff to transfer the instant collateral security claims to the Defendant and to receive KRW 25,000,000 with the transfer proceeds (hereinafter “instant assignment of claims”).

D On April 15, 2019, the Defendant received KRW 25,000,00 from the Defendant to the account in the name of G and received the payment of the said assignment of claims. The Defendant completed a supplementary registration prior to the instant right to collateral security (hereinafter referred to as “additional registration prior to the instant right to collateral security”) with the former District Court No. 36422, Apr. 18, 2019, against which the mortgagee was the Defendant.

[Grounds for Recognition] A, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, and the plaintiff's assertion D as to the purport of the whole pleadings was concluded with the defendant as to the claim of the instant collateral security against E, the sole property of which is his/her own property under excess of his/her obligation, and this constitutes a fraudulent act detrimental to other general creditors including the plaintiff.

Therefore, the assignment of claims of this case should be revoked, and the defendant cancelled the supplementary registration of the transfer of the right to collateral security of this case to D and transferred the claim of the right to collateral security of this case to E to D.