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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The decision of the court of first instance is in accordance with paragraph 1.
Reasons
1. Grounds for the court's explanation concerning this case in this case are 2-2 of the grounds for the judgment of the first instance
C. (1) Except as delineated below, the reasoning of the judgment of the first instance is the same as that of the part on which the judgment was rendered, and thus, it is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act. Since the registration of establishment of a mortgage on the instant apartment after the conclusion of the instant one sales contract with respect to real estate was cancelled as a confusion, the registration of establishment of a mortgage on the instant apartment after the conclusion of the instant one sales contract, which was established on the instant apartment, shall be cancelled within the limit of the balance calculated
The fact that there was a lessee who had been established on one real estate at the time of the conclusion of the instant contract was 10,000,000, and that there was a lessee who had been established on one real estate at the time of the instant contract, and that there was a lessee who had been 95,000,000, as to one real estate, and that the market price of one real estate as of the date of the date of the conclusion of the first instance trial according to the result of the appraisal of appraiser F was 134,00,000 as of the date of the conclusion of the first instance trial. As such, the part to be revoked as a fraudulent act in the instant contract is within the limit of KRW 134,00,000, which is the market price of one real estate as of the date of the date of the conclusion of the first instance trial, and the amount of KRW 95,00,000, which is 95,000,000.
Therefore, the sales contract of this case shall be revoked within the limit of KRW 29,00,000, which is within the limit of the amount of the Plaintiff’s secured claim and the amount of the Plaintiff’s secured claim. The Defendant is obligated to pay to the Plaintiff the amount of KRW 29,00,000 and 5% interest per annum under the Civil Act from the day following the date this judgment became final to the day of full payment.
In this regard, the defendant asserts that the restoration of the above real estate should be made through the restoration of the original property.
However, in this case, the existing right to collateral security was cancelled after the fraudulent act.