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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. The total cost of a lawsuit shall be borne individually by each party.
Reasons
1. The reasons why the court should explain this part of the facts of recognition are as follows: “The Daejeon High Court (Cheongju) 2012Reu12Reu12” in the second 11 of the judgment of the court of first instance; “each real estate listed in paragraph (1)” in the second 14 of the judgment; “each real estate listed in paragraph (1)” in the second 17 of the judgment; “the entry in paragraph (b) of the order” in the second 17 of the judgment; “the claim” in the second 21 of the judgment is as stated in paragraph (1) of the judgment of the court of first instance; and “this court” in the second 21 of the judgment is as stated in the main sentence of Article 420 of the Civil Procedure Act. Thus, this is cited as it is in accordance with the main sentence of
2. The parties' assertion and judgment
A. 1) The gist of the Plaintiff’s assertion C and each of the instant gift contracts concluded between the Defendant and C constitutes a fraudulent act detrimental to the Plaintiff, a creditor, and seek revocation and restitution. 2) The gist of the Defendant’s assertion is that the Plaintiff’s damage claim against C, a preserved claim for revocation of the fraudulent act in this case, has expired in entirety by the Defendant’s deposit. Therefore, the Plaintiff’s claim cannot be complied with.
B. First of all, the judgment was rendered on February 17, 2012 that “C shall pay to the Plaintiff the amount of KRW 15 million per annum from July 1, 2010 to February 17, 2012, and 20% per annum from the next day to the day of full payment,” and the Plaintiff filed an appeal on September 20, 2012 against C with both the Plaintiff and C as the High Court (Cheongju) 2012Rec.12, but all of the appeals were dismissed on September 20, 2012, and the above judgment became final and conclusive on October 11, 2012.”
However, comprehensively taking account of the description of No. 7 and the overall purport of the argument, C makes the deposited person as the Plaintiff on August 22, 2017 by the Cheongju District Court No. 2230 of 2017.