beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 22, 2010, D, with respect to the real estate listed in paragraph (1) of the attached list No. 1 as its owner, completed on January 22, 2010, the registration of the establishment of a mortgage-backed mortgage of KRW 280,000,000,000 to Defendant B as the Chuncheon District Court’s Crossing Branch Office No. 1301, January 29, 2010.
B. As to the real estate listed in paragraph (2) of the [Attachment List No. 2 owned by D], Defendant Korea Standards Bank (formerly: Korea Standards Bank; hereinafter “Defendant Bank”) concluded on September 1, 201, the establishment registration of a collateral security agreement of KRW 127,200,000 as the receipt of 20974 on September 2, 201, the Government District Court of the Gui-ri registry office of the Gui-gu, Seoul District Court (hereinafter “Defendant Company”) concluded that the establishment registration of a collateral security agreement of KRW 180,000,000 on October 23, 2012 was completed as the receipt of the maximum debt amount on October 23, 2012 by the Defendant C (hereinafter “Defendant Company”).
[Ground of recognition] Unsatisfy, Gap evidence Nos. 2 and 3, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The Plaintiff’s assertion D constitutes a fraudulent act against D’s creditors, including the Plaintiff, and thus, should be revoked. Accordingly, the Plaintiff’s assertion D’s revocation of the registration of creation of a new mortgage on the ground of each of the above mortgage agreements should be sought to restore the original state to its original state.
B. 1) The Plaintiff and his wife E (hereinafter “Plaintiff’s husband and wife”) comprehensively taking account of the existence of the preserved claim Nos. 1 and 4 as well as the overall purport of the pleadings.
In the process of settling the real estate exchange contract concluded between D and its husband F with G, the Plaintiff, on May 7, 2008, on behalf of D, agreed that D shall distribute KRW 165 million out of the amount returned from G to E, and the F on June 30, 2008, pursuant to the above agreement, D shall pay the Plaintiff the amount of KRW 350 million out of the amount returned from G.