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1. The part of the obligee’s subrogation claim against Defendant C is dismissed.
2. The plaintiff's defendant C.
Reasons
1. Basic facts
A. The Plaintiff and Defendant B are South Korea, and Defendant C is the spouse of Defendant B.
B. On June 9, 2008, with respect to each real estate listed in the separate sheet (in the case of shares, D shares; hereinafter “each of the instant real estate”), the establishment registration of a mortgage of KRW 450 million in the name of the E, the maximum debt amount of KRW 450 million in the name of the Defendant B, the maximum debt amount of KRW 450 million in the name of the F, and the maximum debt amount of KRW 600 million in the name of the F was completed. On January 22, 2009, the establishment registration of a mortgage of KRW 80 million in the name of the
(hereinafter collectively referred to as “each of the instant collateral security”).
On June 18, 2009, the defendant C completed the registration of ownership transfer on each real estate listed in the separate sheet Nos. 4 and 5 of the attached Table Nos. 24720, and the registration of ownership transfer on each real estate listed in the separate sheet Nos. 1 and 10 of the Suwon District Court No. 32556, Aug. 19, 2009, respectively.
On January 13, 2016, Defendant C sold part of the real estate listed in paragraph (1) of the attached Table No. 1 (31492.50 shares) and the real estate listed in paragraph (10) of the attached Table No. 10). Defendant C sold all comprehensive development of the company, and Defendant C completed each registration of transfer on February 4, 2016.
Attached Form
The respective right to collateral security of F and E established on each real estate listed in the list 1 and 10 was cancelled on March 17, 2016, and each right to collateral security of Defendant B was cancelled on March 17, 2016.
[Ground of recognition] Facts without dispute, Gap evidence No. 1 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion 1) The plaintiff lent KRW 100 million to the non-party D, and D requires more money. Accordingly, the plaintiff loaned KRW 50 million to the non-party D, the plaintiff first, the non-party E, who is the plaintiff, KRW 50 million, second, the defendant B, who is the plaintiff, KRW 350 million, and third, the non-party F, the husband of the plaintiff, KRW 1 billion, to D.
Plaintiff, E, Defendant B, and F, are both the Plaintiff and the Plaintiff.