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1. The plaintiff (appointed)'s claim is dismissed.
3. The costs of lawsuit shall be borne by the defendant.
Reasons
1. The plaintiff's assertion
A. On June 26, 2015, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the Appointor (hereinafter “Plaintiffs”) filed a lawsuit claiming transfer money (Seoul Western District Court 2015Gahap2775) with the Seoul Western District Court (Seoul Western District Court 2015Gahap2775) and rendered a judgment on October 6, 2016 that the Defendants of the said lawsuit, including Nonparty B, should jointly and severally pay the Plaintiff KRW 77,240,579 and delay damages amounting to KRW 40,00,00 and delay damages amounting to KRW 77,240,579 to the Plaintiff.
B. On October 11, 2016, after being served with the above judgment, Nonparty B entered into a mortgage agreement with the Defendant and completed each registration of establishment of a mortgage on each of the real estate listed in the separate sheet owned by himself/herself as follows.
The receipt number of the registration office of the date of contract to establish a separate real estate indication (attached list) shall be the senior registry office of the 148546 B B, No. 230,000,000 (joint security) of the real estate listed in paragraph (2) of Article 2 of the 148546 received on October 11, 2016, which is the receipt number of the registration office of the date of contract to establish a contract, as the debtor, the maximum debt amount of the mortgage-backed claims 1, 200,000,000 (joint security) and stated in paragraph (3) of Article 2 of the 148546, B, No. 230,00,000 (joint security), and the Incheon District Court of Incheon on Oct. 111, 2016 shall be
C. Nonparty B was in excess of the obligation at the time of establishing a mortgage, and the Defendant was well aware of this fact.
Therefore, the agreement to establish a mortgage on each real estate in collusion between the defendant and the non-party B should be revoked as a malicious act detrimental to the plaintiffs' preservation of claims against the non-party B. The defendant made the registration of establishment of a mortgage on each real estate in collusion with the defendant and the non-party B as the registration office of the establishment of a mortgage and the registration office of the establishment of a mortgage on each real estate in accordance with the attached Table No. 1 and No. 148546, Oct. 11, 2016 and the registration office of the Incheon District Court No. 25432, Oct. 11, 2016.