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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 24, 2012, the Plaintiff leased C 295,000,000 won to C; C 10,000,000 won as of the last day of each month during the two-month period from January 2013 to February 2013; and C 11,00,000,000 won as of the last day of each month during the 25-month period from March 2013 to March 2015; and C 11,00,00,000 won as of the last day of each month as a notary public on January 4, 2013 (hereinafter “notarial deed of this case”).
B. Meanwhile, on June 26, 2013, C entered into a sales contract with the Defendant to sell the instant real estate at KRW 200,000,000, but the Defendant paid the remainder of KRW 30,000,000 on the date of the contract and the remainder of KRW 120,000 on July 20, 2013, and take over KRW 50,000,00 for the obligation to refund the lease deposit (loan) to SamaT Co., Ltd.; and C entered into a sales contract with the Defendant to cancel the registration of collateral security (hereinafter “instant sales contract”); on July 18, 2013, the Gwangju District Court completed the ownership transfer registration (hereinafter “instant ownership transfer registration”).
C. The instant real estate is the only property with economic value C at the time of the instant sales contract.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 and 5 (including additional number), witness D's testimony, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts of recognition of the right to be preserved, the plaintiff has a claim against C for the amount of KRW 295,00,000 in accordance with the notarial deed of this case and damages for delay, and the above claim is the right to be preserved for revocation of the fraudulent act.
B. According to the facts of recognition as insolvent, C at the time of the instant sales contract, the instant real estate as the sole property is a small property.