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(영문) 부산지방법원 2018.12.05 2017가합2468

청구이의 등

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On Nov. 7, 2006, the defendant (the trade name at the time was the "Corporation Reorganization and Finance Corporation", and the trade name was changed thereafter; hereinafter in this case, regardless of whether it was before or after the change of trade name, the defendant shall be unified into "the defendant") filed a lawsuit with this court against the plaintiffs and C for the payment of transfer money and the cancellation of fraudulent act, etc. on Apr. 2, 2008, this court rendered a judgment in favor of the defendant that "the plaintiff jointly and severally with C shall pay to the defendant 469,740,716 won and 300 million won among them at the rate of 36% per annum from July 20, 205 to the day of complete payment, and the plaintiff B revoked each purchase and sale contract concluded between the plaintiffs as to each of the real estate listed in the separate list and did not receive the procedure for the cancellation of ownership transfer registration from the defendant (the decision in favor of Busan District Court 2006Ga1934, 2934).

B. On July 31, 2008, the Defendant filed a lawsuit against the Plaintiff B with the Youngju District Court, seeking the revocation of fraudulent act and restitution to the original state, and on November 6, 2009, the above court rendered a judgment in favor of the Defendant in full (Cheongju District Court Decision 2008Kadan2028, hereinafter “instant Youngdong Branch Decision”), which read, “The Plaintiff shall cancel all or part of the sales contract concluded between the Plaintiff as to each real estate listed in the separate list, and the Plaintiff B shall perform the procedure for registration of cancellation of ownership transfer as to the real estate for which the sales contract was wholly cancelled, and shall pay to the Defendant 31 million won as to the real estate for which the sales contract was partially cancelled, and at the rate of 5% per annum as from the day following the day when the judgment became final and conclusive to the day of full payment (hereinafter “instant Youngdong Branch Branch Branch Court Decision 2008Ga2028, hereinafter “the instant judgment”). Accordingly, the Plaintiff B’s appeal and appeal were all dismissed.