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1. Revocation of a judgment of the first instance;
2. On March 9, 2012, Defendant B and Nonparty D with respect to the real estate indicated in the separate sheet.
Reasons
1. Basic facts
A. The Plaintiff operating a steel wholesale retail company with the trade name “E” was the representative of Non-Party D from October 4, 201 to January 19, 2012, and supplied the amount equivalent to KRW 119,961,050 for steel products to the private company “F” in which G actually operated, but did not receive KRW 51,632,980 out of the price.
B. D entered into a pre-sale agreement on March 9, 2012 (hereinafter “instant promise”) with Defendant B, the wife, and completed the registration of ownership transfer on September 24, 2012 with the above Defendant on December 26, 2012 (hereinafter “instant contract”) on the 12th day of the same month, and completed the provisional registration of the right to claim ownership transfer on the ground of the pre-sale agreement, and completed the sale contract on September 24, 2012 (hereinafter “instant contract”).
C. On February 1, 2013, Defendant B completed the registration of ownership transfer for the instant real estate to Defendant C on January 28, 2013.
D At the time of entering into the pre-sale and sales contract, D did not own any property other than the instant real estate, the market price of which is equivalent to KRW 170,000,000,000, and as a debt, Defendant B and other relatives were liable for the debt amounting to at least KRW 120,000,000 for the Defendant B and others, the amount equivalent to KRW 26,20,000 for the Green Industry, the amount equivalent to KRW 36,000 for the National Bank, and the amount equivalent to KRW 25,00,0
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 6, Eul evidence 7-2, the purport of the whole pleadings
2. The Defendants asserted that the lawsuit for the revocation of the Plaintiff’s fraudulent act in this case was unlawful as it was filed against the exclusion period of one year. However, one year has elapsed since July 9, 2013, which is obvious that the Plaintiff was the filing date of the lawsuit in this case.