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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. B (hereinafter “B”) as the executor of the G apartment in Gyeonggi-gu, Gyeonggi-gu, the Plaintiff completed the registration of preservation of ownership of the above apartment on February 16, 2007 and sold it from May 2007.
B. On January 10, 2008, the Plaintiff received a sales contract for 102 Dong 401 among the above apartment buildings from B, and offered as security B a loan of KRW 10 million on January 14, 2008 and KRW 12 million on July 11, 2008.
C. On January 20, 2009, the Defendant received the registration of ownership transfer from B on the ground of sale on December 20, 2008 (hereinafter “instant apartment”) with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”).
B, including the instant apartment at the time of the above sales contract, owned 3,00 apartment units in the above D apartment 101 unit, 190,102 unit, and the market price of the above D apartment 1 unit was KRW 12,300,000,000,000,000 won (=12,300,000 x 52 unit), while the positive property was 6,396,000,000 won (i.e., KRW 12,00,000 x 52 unit), in addition to the Plaintiff’s loan obligations against the Plaintiff, KRW 5,00,00 won against the Bank, KRW 20,000,000 for E, KRW 350,000 for F, KRW 250,00 for J, KRW 35,500 for J, and KRW 84,00,00 for the financial obligation of the Plaintiff.
[Ground] Facts without dispute, Gap evidence Nos. 1 through 6, 8, 14 through 31 (including each number), the purport of the whole pleadings
2. As to the Plaintiff’s claim that this case’s sales contract was a fraudulent act, and sought its revocation and restitution, the Defendant, on January 10, 2008, shall be deemed to have known that the Plaintiff, who purchased the above apartment units from July 2, 2009 to April 28, 201, resided in the said apartment units from July 2, 2009 to April 28, 201, was sold the apartment units of this case. However, the Defendant, after the lapse of one year thereafter, was on May 27, 2013.