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1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 21, 2014, the Plaintiff filed an order with B to pay the reimbursement amount claim of the Seoul Central District Court No. 2014,97471, and on April 21, 2014, the Plaintiff received an order to pay the Plaintiff KRW 21,504,120 as to KRW 21,08,140 as to the Plaintiff and KRW 21,08,140 as to the Plaintiff from April 18, 2013 to the service date of the authentic copy of the payment order, and KRW 15% as to the amount from the next day to the day of full payment. This order was finalized on August 8, 2014.
B. On April 10, 2015, the Defendant, the wife of B, completed the registration of ownership transfer on the instant real estate owned by D on May 6, 2015.
2. The Plaintiff’s judgment on the primary claim (restatement of fraudulent act and restitution) made the Defendant, one’s wife, donated the purchase fund of the instant real estate to acquire the instant real estate by acquiring the instant real estate. The Plaintiff asserts that B’s conclusion of a contract on the donation of real estate purchase funds with the Defendant and the delivery thereof constitutes a fraudulent act that deepens the Plaintiff’s financial standing, and thus, the above donation contract between B and the Defendant should be revoked within the limit of KRW 31,838,832, which is the Plaintiff’s claim amount (as of July 19, 2016), and the Defendant is obliged to pay the Plaintiff KRW 31,838,832, which is the Plaintiff’s claim amount.
However, there is no evidence to acknowledge that B donated the real estate purchase fund to the Defendant on or around May 2015, which the Defendant acquired the instant real estate. Thus, the Plaintiff’s above assertion is without merit without further review.
3. The Plaintiff entered into the so-called contract title trust agreement with B, and the Defendant entered into a sales contract with D on the instant real estate, and subsequently completed the registration of ownership transfer on the instant real estate. In this case, B and the Defendant.