1. The part against the plaintiffs in the judgment of the first instance is revoked.

2. All of the plaintiffs' primary claims against the defendant.

In the trial scope of this court, the plaintiffs and the co-Plaintiff E of the first instance court (hereinafter referred to as the "Plaintiff, etc.") filed a claim for the payment of construction price against the Co-Defendant H Co-Defendant of the first instance trial (hereinafter referred to as the "H"), the defendant's primary claim for revocation of fraudulent act and restitution, and the preliminary claim for cancellation of the registration of creation of a neighboring mortgage, and the F Co-Plaintiff of the first instance trial (hereinafter referred to as the "F") raised an objection against the defendant.

However, at the time of August 23, 2016, AV, recorded as the representative director on H’s corporate register as of August 23, 2016, acknowledged and accepted a claim for the payment of construction price against H by the Plaintiff, etc., and the record of recognition was prepared. The first instance court accepted the primary claim against the Defendant by the Plaintiff, etc., and dismissed F’s objection against the Defendant.

The only Defendant appealed with the Plaintiff, etc. and F as the appellee, but the joint Plaintiff E in the first instance trial voluntarily withdraws the lawsuit on November 15, 2017, and the Defendant voluntarily withdrawn an appeal against F (see, e.g., Supreme Court Decision 2019Da1548, Mar. 13, 2019). The scope of the trial of this Court is limited to the part of the first instance judgment against the Defendant, which is the part against the Defendant, the primary and conjunctive claim against the Defendant.

Basic Facts

Around November 2008, H used to carry out a new apartment house construction and a sales project for multi-family housing, around J-si, Nam-gu, Gyeonggi-do purchased four multi-family housing units (hereinafter “instant multi-family housing units”) in the instant project site by constructing four multi-family housing units (hereinafter “the instant multi-family housing units”) in the instant project site, along with F, Co., Ltd., and P Co., Ltd. (hereinafter “P”).

Q, a representative director at the time, was actually operating H, F,O, and P (hereinafter referred to as “H, etc. in the event of a general name for the four above companies).

H, etc. and at the time of the Defendant’s preparation of authentic deeds of monetary loan contracts for consumption.