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1. The sales contract concluded on July 23, 2015 between the Defendant and D with respect to the area of 494 square meters, E prior to Sinsi-si, E is revoked.
2...
Reasons
1. The following facts may be acknowledged as either a dispute between the parties or in full view of the entries in Gap evidence No. 2-5 and the purport of all pleadings.
The plaintiffs and F are siblings, and F and D are married couple, and D and the defendant are South Korea.
B. On July 23, 2015, D entered into a sales contract with the Defendant for the area of 494 square meters (hereinafter “instant land”) prior to E, Sinsi-si (hereinafter “instant sales contract”). On August 12, 2015, D completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) with the registration office for Sinsan-si Branch of Suwon District Court on August 12, 2015.
2. Determination on the cause of the claim
A. According to the evidence No. 1-3 and No. 4 of the existence of the preserved claim A, the Plaintiffs filed a lawsuit against D for the revocation of fraudulent act and received the judgment against D on January 16, 2015 that D would pay the Plaintiff KRW 179,192,756, and KRW 41,352,175, and delay damages therefor (Seoul High Court 2013Na58790), and D appealed, but the appeal was filed on June 11, 2015 (Supreme Court 2015Na14143). Accordingly, according to these facts, the Plaintiffs at the time of the instant sales contract were liable to the instant judgment against D.
B. Comprehensively taking account of the entire purport of the pleadings as a result of the entry into evidence No. 2-5 and fact-finding into account as to Sihh 98 square meters (hereinafter “H land before division”), D and G shared one/2 shares of each of the H 98 square meters (hereinafter “H land before division”), and divided the said land into the instant land on July 22, 2015, H 494 square meters (hereinafter “H land after division”) and the instant land at Sih Y on July 22, 2015, and as to D’s one-half shares out of H land after division, G transferred the ownership registration under the receipt of No. 55842, Jul. 23, 2015; and as to the one-half shares of G among the instant land under the instant land, D and D are the same.