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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 10, 1999, re-Industrial Co., Ltd. (hereinafter referred to as "sub-Industrial") sells a lot of land for factory 2,720.9 square meters (hereinafter referred to as "the instant real estate") in Gusisidong-dong 168-1, Gusidong (hereinafter referred to as "Ssidong-si") (hereinafter referred to as "the instant sales contract") on September 21, 1999.
B. The creditor B of the Subdivision Industries filed an application for provisional injunction against disposal of the instant real estate with the Daegu District Court Kimcheon-ro 2004Kadan2163 by claiming the cancellation of the ownership transfer registration on the ground of the revocation of fraudulent act against Pakistan as the preserved right. On September 8, 2004, the provisional injunction was issued by the above court, and accordingly the registration was completed on September 13, 2004.
C. B filed a lawsuit against Pakistan on September 7, 2004, seeking revocation of fraudulent act, etc. by the Daegu District Court Kimcheon-ro 2004Kadan6869, and on January 11, 2006, the judgment ordering revocation of the instant sales contract and cancellation of the instant transfer of ownership in the name of Pakistan (hereinafter “the judgment revoking the instant fraudulent act”) was rendered and became final and conclusive on February 16, 2006.
On September 2, 2008, when the judgment of revocation of the fraudulent act in this case became final and conclusive, but the registration of transfer of ownership in the name of Pakistan was not cancelled, C was appointed as a custodian on September 2, 2008.
E. On March 18, 2010, the registration of the above provisional disposition B with respect to the instant real estate was cancelled on March 25, 2010 following the withdrawal of the application for provisional disposition on March 18, 2010, and thereafter, the Defendant acquired the right to recover from B to C the right to claim restitution based on the instant judgment, and issued the Daegu District Court Kimcheon-gu 2010Kadan540 against C.