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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
The scope of the judgment of this court in the first instance trial sought a loan and a joint and several surety obligation against the Codefendant A Co., Ltd. (hereinafter “A”) and the Defendant, and the instant contract for sale in lots concluded between B and the Defendant constitutes a fraudulent act, and the instant contract for sale in lots is to be revoked within the scope of KRW 141,554,757, respectively, and to pay KRW 141,554,757 to the Plaintiff by its restitution. Meanwhile, the instant lawsuit was filed against the Defendant, claiming that the agreement for sale in lots concluded with respect to the instant real estate share constitutes a fraudulent act, and that the registration for cancellation of ownership transfer completed with respect to the said share is to be revoked, and that the said agreement is to be restored to its original state.
On the other hand, the court of first instance accepted the Plaintiff’s claim against A and B, while revoking the Plaintiff’s fraudulent act and claiming restitution against the Defendant, the court rendered a judgment that partly accepted the Plaintiff’s claim against the Defendant by cancelling the agreement on gift of ownership of this case and the agreement on gift of ownership of this case between B and the Defendant within the limit of KRW 15,60,00,00, respectively. The court rendered a judgment that partly accepted the Plaintiff’s claim against the Defendant by ordering B to implement the procedure for cancelling the ownership transfer registration of this case’s real estate ownership transfer as to restitution.
Accordingly, only the plaintiff appealed against the defendant in the judgment of the court of first instance only to the part against the plaintiff (the part against the plaintiff as to the cancellation of fraudulent act and claim for restitution as to the share donation contract of this case and the Nos. 2 Nos. 1 through 11). The plaintiff's claim for revocation of fraudulent act and restitution as to the share donation contract of this case among the part against the defendant in the judgment of first instance against the defendant in the judgment of first instance.