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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion C had completed the registration of ownership transfer in the future of the Defendant on July 24, 2015 due to the instant sales contract, when it exceeded the debt of KRW 72,00,000 with respect to the loan to the Plaintiff.
The instant sales contract constitutes a fraudulent act detrimental to the Plaintiff, who is a creditor, and thus ought to be revoked. Accordingly, the Defendant is obliged to implement the registration procedure for cancellation of ownership transfer registration in the name of the Defendant with respect to the instant real estate.
2. Determination as to whether the defendant is bona fide or bona fide
A. In light of the following circumstances, it is reasonable to view the Defendant as a bona fide beneficiary in light of the following circumstances, which can be acknowledged by comprehensively taking account of the overall purport of the pleadings as to whether the Defendant is a bona fide beneficiary.
① Prior to the conclusion of the instant sales contract with C, the Defendant purchased the instant real estate as a broker D, a licensed real estate agent.
It is difficult to view that the Defendant, at the time of the instant sales contract, was aware of the property status of C, which is merely a seller of the instant real estate.
② The instant sales contract was concluded or implemented normally.
In other words, the Defendant agreed to set the sales price of the instant sales contract at KRW 24 million, and to pay KRW 20 million as down payment, intermediate payment, and remainder KRW 24 million as down payment.
Accordingly, the Defendant paid C a contract deposit of KRW 20 million on May 22, 2015, the contract date, KRW 20 million on June 25, 2015, KRW 20 million on intermediate payment of KRW 17 million on July 14, 2015, KRW 119,884,280 on July 24, 2015, and KRW 10 million on the same day, KRW 10 million on the same day, and KRW 57,065,717 on July 25, 2015.
③ The above payment shall be made by the Defendant as collateral against the Nonghyup Life Insurance Co., Ltd. with respect to the instant real estate.