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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 5, 2010, the Defendant purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from D, and completed the registration of ownership transfer as to the instant real estate by the Incheon District Court’s reinforcement registry office No. 28697, Oct. 13, 2010.
B. On October 29, 2010, the instant real estate received the Incheon District Court’s reinforcement registry office, ① the creditor, Co., Ltd., E and the right to be preserved on October 29, 2010, the provisional disposition prohibiting the disposal of the instant real estate as the right to claim for the cancellation of ownership transfer registration based on the revocation of fraudulent act (Seoul District Court 2010Kahap965), ② the provisional disposition prohibiting the disposal of the instant real estate as the right to claim F, the right to be preserved against the creditor on February 28, 2012 (Seoul District Court 2012Kahap98), ③ the registration of the provisional attachment with the creditor on August 22, 2012 as F, the claimed amount of KRW 176,00,000 (Seoul District Court 2012Kahap1346).
C. The Defendant, etc. filed a lawsuit against the Defendant, etc. as Incheon District Court 2010Gahap18429, and the said court revoked the sales contract concluded on October 14, 201 with respect to the instant real estate between the Defendant and D, and the Defendant rendered a judgment on October 5, 201, including the cancellation registration procedure for the ownership transfer registration for the instant real estate.
The defendant did not appeal the above judgment. D.
G filed a lawsuit against the Defendant, etc. by the Incheon District Court 2014Gadan22887. On January 16, 2015, the above court accepted all the claim of the above G on January 16, 2015, and revoked the sales contract concluded on October 5, 2010 with respect to the instant real estate between the Defendant and D, and the Defendant rendered a judgment that “the procedure for registration of cancellation of ownership transfer registration with respect to the instant real estate shall be fulfilled”, etc.
E. On August 12, 2017, the Defendant concluded a sales contract with the Plaintiff for the purchase price of KRW 35 million with respect to the instant real estate (hereinafter “instant contract”).