청구이의
1. The Defendant’s revocation of fraudulent act against the Plaintiff by the Incheon District Court Decision 2013Da2328 Decided May 14, 2015.
1. The following facts of recognition are not disputed between the parties, or may be acknowledged by the purport of Gap's evidence of sub-paragraph 1 to 4, Gap's evidence of sub-paragraph 1, and evidence of sub-paragraph 1 and 2 (including the numbers of sub-numbers), and by the whole purport of the pleadings:
On April 2, 2013, the Defendant filed a lawsuit for revocation of a fraudulent act with the Incheon District Court No. 2013Da232328 on the ground that Nonparty B entered into a sales contract with the Plaintiff regarding the F apartment Nos. 102, 1704, 17, and 17, from Incheon Seo-gu, Seo-gu, D, and E (hereinafter “instant sales contract”). On May 14, 2015, the Defendant received a favorable judgment (hereinafter “instant judgment”) and became final and conclusive on June 4, 2015.
Accordingly, the Plaintiff was obligated to pay the Defendant 19,413,595 won and 5% interest per annum from the day after the above judgment became final to the day of full payment.
B. On May 23, 2014, the Plaintiff’s Intervenor filed a lawsuit for claim for reimbursement, etc. with the Seoul Central District Court 2013Gahap545983 on the ground that the instant sales contract constitutes a fraudulent act, and subsequently revoked the instant sales contract within the scope of KRW 19,413,595, and sentenced the Korea Technology Credit Guarantee Fund to the judgment that “the Plaintiff shall pay to the Korea Technology Credit Guarantee Fund the amount of KRW 19,413,595 and the amount calculated at the rate of KRW 5% per annum from the day after the said judgment became final and conclusive to the day of full payment.” Although the Plaintiff appealed as Seoul High Court 2014Na202480, the Plaintiff appealed on January 8, 2015, the dismissal of the appeal became final and conclusive on March 5, 2015.
Accordingly, the Plaintiff was also obligated to pay the Plaintiff’s Intervenor 19,413,595 won with 5% interest per annum from the day after the above judgment became final to the day of full payment.
C. On June 26, 2015, the Plaintiff: (a) designated the deposited person as “Plaintiff’s Intervenor or Defendant”; and (b) deposited KRW 19,823,143, total sum of the principal and interest to be paid pursuant to each of the above rulings, as the Incheon District Court No. 5348 in 2015.