손해배상
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The purport of the Plaintiff’s assertion is that C has a claim against C for payment of KRW 74 million and delay damages therefor based on the final judgment. After the said judgment was rendered, C, in collusion with the Defendant in order to be exempted from compulsory execution against the Plaintiff, the Plaintiff transferred the ownership of the share of KRW 171.9/27 out of the same 420 square meters out of the 70 square meters of land E, 95/780 square meters of forest land, 95/780 of the same 420 square meters of forest land, 95/1,780 of the same 1,360 square meters of forest land, and 171.9/27 of the 271 square meters of E, 271 square meters of land in Leecheon-si.
This constitutes a fraudulent act detrimental to the plaintiff.
On the other hand, as bankruptcy proceedings against C are in progress, the bankruptcy trustee expressed his/her intention not to recover his/her share of co-ownership of real estate in the form of co-ownership, and thus, it is difficult to return the original property, and thus, it is difficult to recover the original property.
2. Inasmuch as no revocation of a fraudulent act, which serves as the premise for reinstatement, is recognized, the right to claim restitution cannot be claimed only for reinstatement without seeking revocation of a fraudulent act.
(2) The Plaintiff’s claim is not accepted without need to further examine other issues, inasmuch as the Plaintiff’s claim does not seek the cancellation of the sales contract or the gift contract on the instant land, which is the premise of the purport of the claim, while seeking a return of the value of restitution as a result of revocation of a fraudulent act, to the Defendant, despite the explanation and recommendation of correction as to the reorganization of the purport of the claim that was repeated by the full bench.
Meanwhile, the Plaintiff seems to have sought the payment of the same amount as that of the claim as compensation, in collusion with C, while completing the registration of ownership transfer of the instant land.