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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. Legal relationship 1) C, D, and E with respect to the instant land is the Gangnam-gu Seoul Metropolitan Government Fro 331.5 square meters (hereinafter “instant land”).
The registration of ownership transfer was completed on March 8, 1980 for each of one-third shares, and C completed the registration of ownership transfer on January 30, 1998 with respect to one-third shares, and C completed the registration of ownership transfer on February 3, 1998 with respect to one-third shares as gift on January 30, 1998. In addition, on June 7, 1993, G, H, I, and J completed the registration of ownership transfer on each of the above D shares according to their shares of inheritance. 2) On July 12, 1993, the transfer of the above land of this case to the debtor C, E, G, I, H, I, the maximum debt amount, 372,00,000,000, and K Co., Ltd (the latter merger with D Co.) was completed on July 12, 1993.
However, on May 10, 2004, on the ground of the Defendant’s renunciation of equity on May 18, 2004, registration of change of right to collateral security for 2/3 equity (the aggregate of equity interests in C, E, G, H, I, and J) excluding Defendant’s 1/3 equity (the aggregate of equity interests in C, G, H, I, and J) was completed on May 18, 2004.
In addition, on May 18, 2004, the registration of change of the right to collateral security with the debtor as the defendant and the maximum debt amount of KRW 150,00,000 on May 18, 2004 was completed for the defendant's share of 1/3 on the ground of an acceptance of a contract as of May 10, 2004. The registration of change of the right to collateral security, which was made by the mortgagee E, G, H, I, and J (hereinafter "E et al.") on the ground of the subrogation as of May 10, 204, was re-issued.
(1) The court below's decision was delivered on January 30, 2003 and confirmed around that time (Seoul Central District Court Decision 2001Ga65774). The court below's decision was delivered on January 30, 2003 that "The plaintiff's creditor M&C filed a fraudulent act revocation lawsuit against the defendant, and "the plaintiff revoked the donation made on January 30, 1998 between C and the defendant with respect to the 1/3 share out of the land of this case, and the defendant implemented the procedure for registration of cancellation of ownership transfer registration completed on February 3, 1998."