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1. The sales contract concluded on June 16, 2014 between the defendant and the non-party C with respect to the real estate stated in the separate sheet was 34,517.
Reasons
1. Facts of recognition;
A. The Plaintiff supplied C with agricultural machinery parts, etc., and C did not pay the price for goods of KRW 34,517,217 since April 3, 2014.
B. On June 13, 2014, C entered into a sales contract with the Defendant, as the only property indicated in the separate sheet, which is the real estate as the only property between the Defendant and the Defendant, and with respect to the 84m2 of the Magdae-gun D-gun's office for the management of the single-story Magwonllllllllllllllllllllllllllllllllllllllllllll Group and the office for the management of the single-story storage (hereinafter "each of the instant real estate"), and on the ground of this, C completed the registration of ownership transfer for the Defendant on June 16, 2014 with respect to the said real estate as the Changwon District Court's Gowon District Court's receipt No. 1030
C. As of June 13, 2014, at the same registry office as of May 9, 201, the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) was completed in the vicinity of the International Joint Machinery Co., Ltd., and the maximum debt amount of KRW 700,000,000,000, with respect to real estate indicated in the separate list (hereinafter “registration of establishment of a mortgage”). However, on the same day, the Defendant repaid the mortgagee the principal and interest of KRW 141,00,000 to the mortgagee, and cancelled the registration of establishment of a mortgage on June 16, 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1-5, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings
2. The allegations and judgment of the parties
A. Since the Plaintiff’s assertion C sold each of the instant real estate, which is the only property of the Defendant, the instant sales contract should be revoked as it constitutes a fraudulent act. However, since the right to collateral security was revoked after the instant sales contract was concluded, the instant sales contract should be revoked within the scope of the amount of the preserved claim, and the compensation for the value shall be claimed by restitution.
B. According to the fact that the existence of the preserved claim 1 is recognized, the Plaintiff’s claim for the price of goods against C is 34,517.