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1. As to KRW 31,042,709 and KRW 30,579,682 among the Plaintiff, Defendant A’s year from November 18, 2014 to April 4, 2015.
Reasons
1. Claim against the defendant A;
(a) Indication of claims: To be as shown in the reasons for the claims;
(b) Applicable provisions of Acts: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);
2. Claim against the defendant B
A. Determination 1 as to the cause of claim: (a) The facts that there is no dispute as to the cause of claim (based on recognition), each entry in Gap 1 through 9, the purport of the entire pleadings, and 2) The above facts of recognition are as follows: (b) the defendant Gap and Eul related to the real estate listed in the separate sheet (hereinafter "real estate of this case") cancel the contract to establish a collateral security (hereinafter "mortgage security contract of this case"), and the defendant Eul is obligated to perform the procedure to cancel the registration of cancellation of the registration of the establishment of a collateral security (hereinafter "mortgage of this case") of the establishment of a collateral security (hereinafter "mortgage of this case") listed in the separate sheet, except in extenuating circumstances.
B. Determination as to Defendant B’s assertion 1) Defendant B’s assertion was practically lent KRW 42,340,00 to Defendant A, who became aware of through the introduction of the branch, and the existence of Defendant A’s obligee could not be known since the provisional attachment, etc. was not completed at the time of the instant mortgage contract, and thus, Defendant B was presumed to be a bona fide beneficiary. As such, Defendant B’s malicious intent in a lawsuit seeking revocation of a fraudulent act is presumed to be a beneficiary, Defendant B bears the burden of proving his good faith in order to be exempted from his responsibility. In this case, whether the beneficiary was bona fide should be determined reasonably in light of logical rules and experience by comprehensively taking into account the relationship between the debtor and beneficiary, the circumstances or motive leading up to the act of disposal between the debtor and the beneficiary, the circumstances leading up to the act of disposal, whether there was objective evidence supporting the act of disposal, and the circumstances subsequent to the act of disposal, etc.