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1. On October 22, 2014, the reservation made between the Defendant and C on each real estate listed in the separate sheet shall be revoked.
2...
Reasons
1. Basic facts
A. On May 2, 2014, the Plaintiff paid KRW 100 million to C.
The Plaintiff asserted that KRW 100 million was a loan, and filed the instant lawsuit claiming the revocation of the fraudulent act against the Defendant and seeking the payment of the loan to C.
In this regard, C argued that the amount of KRW 100 million is not a loan, but a loan.
On December 8, 2016, when the lawsuit is pending, the decision of recommending reconciliation was finalized on December 8, 2016 to pay KRW 100 million to the Plaintiff by June 30, 2017.
B. C entered into a pre-sale agreement with the Defendant on October 22, 2014 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate,” and “each real estate is referred to as “the instant real estate” in the same manner as “the first real estate”) in order to secure the Defendant’s loan obligation. C included the Defendant’s right to claim transfer of ownership on October 22, 2014, No. 125471, Oct. 22, 2014, as the former District Court’s receipt of the all-round indictment on the instant real estate No. 1 through No. 125471, Oct. 22, 2014, with respect to the instant real estate No. 8 and 9 on October 22, 2014, the former District Court’s receipt of No. 47212, Oct. 22, 2014; the purport of the submission of ownership transfer registration based on the pre-sale registration as to the instant real estate No. 1 or 7
2. Determination
A. In light of the following circumstances, C and the Defendant asserted that the Plaintiff paid KRW 100 million as investment funds and paid KRW 100 million as investment funds to D, but the Plaintiff did not know D around May 2, 2014, which was paid KRW 100 million. After the Plaintiff paid KRW 100 million to C on May 2, 2014, the Plaintiff continuously demanded the return of KRW 100 million from August 25, 2014 to C, including continuing sending text messages demanding the return of KRW 100 million from August 25, 2014.