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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 gist of the Plaintiff’s claim is that C has a joint and several liability of KRW 80,00,000 against C. On October 23, 2008, with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”), one’s sole property, the Plaintiff completed the registration of the right to claim transfer based on the purchase and sale reservation to the Defendant.
The above provisional registration should be cancelled as it constitutes a fraudulent act, and the above provisional registration should be cancelled as a reinstatement.
2. Although it is required that a claim protected by the obligee’s right of revocation was, in principle, incurred prior to the commission of an act that can be deemed a fraudulent act. However, at the time of a fraudulent act, there is a high probability that there has already been a legal relationship that serves as the basis of the establishment of a claim, and that the claim has been established in the near future in the near future, and in the near future, where the probability thereof has been realized and a claim has been established as a result of the realization of the claim,
(2) In light of the overall purport of the statements and arguments as stated in the evidence Nos. 1 and 2, the Plaintiff loaned KRW 100,000,00 to D around August 2009, and C guaranteed the above loan debt of D around May 16, 2013. However, C had completed the registration of ownership transfer claim against E on the same day before the signing of the said joint and several guarantee agreement with the Plaintiff on October 23, 2008, and E transferred the above ownership transfer claim to the Defendant on December 27, 2011, and completed the additional registration of transfer of ownership transfer claim on December 28, 201, and the Plaintiff’s joint and several surety claim was established around October 23, 2013.
There is no evidence to deem that there is a high probability that the above joint and several liability claim will be established in the near future.