beta
Text
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On March 28, 2019, the Plaintiff and the Defendant (hereinafter “instant real estate”) are as follows: (a) the Plaintiff and the Defendant C Apartment D (hereinafter “instant real estate”).
(2) On the same day, the Plaintiff concluded a sales contract with the purchase price of KRW 198,00,000, and paid the Defendant the down payment of KRW 23,000,000 to the Defendant. (2) Upon the Defendant’s request that the remainder be paid in advance, the Plaintiff paid the Defendant the remainder of KRW 175,00,000 on April 5, 2019, and completed the registration of ownership transfer for the instant real estate under the receipt of the Ulsan District Court No. 15253 on the same day.
B. The Defendant, on April 3, 2018, entered into a donation contract for the instant real estate (hereinafter “instant donation contract”) with E and April 3, 2018.
(2) On April 5, 2019, the Industrial Bank of Korea, a creditor of the above donation, concluded a provisional disposition of prohibition of disposal of the instant real estate (Ulsan District Court 2019Kadan11962), and completed the provisional disposition registration (hereinafter referred to as the “provisional disposition registration of this case”) by the Ulsan District Court 15246 on the same day.
3) The Industrial Bank of Korea seeks against the Defendant the revocation of the fraudulent act and restitution to its original state on the ground that the instant donation contract constitutes a fraudulent act (Seoul Central District Court Decision 2019Da5102645, hereinafter “the lawsuit seeking revocation of the fraudulent act”).
(1) On October 6, 2020, the above court filed a lawsuit. The above court revoked the gift contract of this case within the limit of KRW 97,96,435 on September 9, 202, and ordered E to pay the above KRW 97,996,435 and delay damages. The above judgment became final and conclusive on October 6, 2020. (4) The defendant paid the amount pursuant to the above judgment to the Industrial Bank of Korea on October 6, 2020. The Industrial Bank of Korea filed an application for withdrawal and cancellation of execution of the provisional disposition of this case on the same day, and the registration of provisional disposition of this case on October 8, 2020.