A. From March 11, 2011 to August 24, 2016, the Plaintiff lent money to C by means of subrogation, etc. for loans from financial institutions of C. The principal of loans remaining after partial repayment by March 5, 2014 is KRW 176,696,231.

B. On November 28, 2016, the Defendant and C concluded a pre-sale agreement with respect to each of the real estate listed in the separate sheet (hereinafter “instant real estate”) as the only property of C, and completed the registration of the right to claim ownership transfer as stated in the Disposition No. 2 in the Defendant’s future.

C. On December 8, 2017, the Plaintiff filed the instant lawsuit against the Defendant with respect to the return of the loan, the revocation of the promise to sell and purchase, and the claim for transfer of ownership, respectively. On September 6, 2018, the Plaintiff and C concluded a voluntary adjustment between the Plaintiff and C, stating that “C shall pay KRW 176,696,231 to the Plaintiff by December 6, 2018, and the Plaintiff shall waive the claim against the Defendant immediately after receiving the said amount.”

(However, C did not pay the amount of mediation at all thereafter). 【No later than an obvious fact in the record of the grounds for recognition, entry of Gap 1 through 3, the purport of the whole pleadings.

2. According to the above facts of recognition, the reservation to sell and purchase the instant real estate between the defendant and C should be revoked as a fraudulent act detrimental to the plaintiff, who is the creditor, and the defendant has a duty to restore the original state to its original state, to cancel the provisional registration of the right to claim ownership transfer of the instant real estate.

3. The plaintiff's claim for conclusion is justified and accepted.