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1. The application for succession by an independent party intervenor and the lawsuit by an independent party intervenor shall be dismissed, respectively;
2...
Reasons
1. Basic facts
A. On August 7, 2015, the Defendant concluded a real estate disposal trust contract (hereinafter “instant trust contract”) with the beneficiary as to the E Co., Ltd. (hereinafter “E”) and the 17 parcels (hereinafter “each parcel of land in this case”) located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon (hereinafter “the instant trust contract”). On August 10, 2015, E completed the registration of ownership transfer on each of the instant parcels of land based on the instant trust contract.
B. On July 10, 2017, the Defendant and H entered into a contract on the transfer of trust status with the content that the Defendant sells the trust status under the instant trust agreement to H to H at KRW 4.1 billion (the contractual amount of KRW 450 million, the balance of KRW 3.65 million, and the balance of KRW 3.650 million) (hereinafter “instant trust status transfer contract”).
C. On February 1, 2018, H agreed to transfer all the rights under the instant trust agreement to D, and notified the Defendant three times between April 26, 2018 and June 20, 2018, and the notice reached the Defendant around that time.
D On July 16, 2018, against the Defendant as the assignee of the instant trust agreement, H filed a lawsuit claiming the return of the down payment and the intermediate payment (Seoul East District Court 2018Gahap108030,000,000 won for the intermediate payment of KRW 450,000,000) to the Defendant based on the instant trust status transfer contract (i.e., the down payment of KRW 150,000,000). However, the said contract was concluded by the Defendant’s deception by mistake, and thus, the said contract was concluded by the Defendant’s deception, and accordingly, should be revoked pursuant to Article 109(1) or Article 110(1) of the Civil Act.
E. On May 29, 2019, the Intervenor paid KRW 600 million in total to the Defendant, upon receiving KRW 800 million from the Intervenor, as the title trustee, as the actual purchaser of the instant trust agreement, and H paid the Defendant the down payment and intermediate payment.
An intervenor is equivalent to KRW 800 million due to the invalidity of title trust agreement with H.