1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

On April 18, 2012, the Plaintiff lent KRW 50 million to B as the interest rate fluctuation rate on April 18, 2013, and B delayed the payment of principal and interest after the due date. As of April 5, 2016, the Plaintiff has a total of KRW 75,589,343 as the loan interest rate.

On the other hand, on August 19, 2010, the registration of ownership transfer was completed on the real estate listed in the separate sheet (hereinafter referred to as “the apartment of this case”) under the name of B on August 19, 2010, due to voluntary auction as of August 19, 2010. On November 5, 2012, the registration of entry was completed based on the decision of provisional seizure of real estate (hereinafter referred to as “decision of provisional seizure of this case”).

On March 7, 2013, B completed the registration of ownership transfer for the apartment of this case to the Defendant on February 27, 2013.

As to the act of transferring the ownership of the instant apartment to the Defendant, the Plaintiff filed a lawsuit for revocation of the fraudulent act with the Daejeon District Court 2013Da30292, and on December 5, 2013, the Plaintiff rendered a favorable judgment against the Plaintiff that “B and the Defendant cancel the sales contract concluded on February 27, 2013 with respect to the instant apartment, and accordingly, implement the procedure for cancellation of the ownership transfer registration”; and the Defendant appealed with the Daejeon District Court 2014Na15, the appellate court dismissed the Defendant’s appeal on July 4, 2014, while the Defendant appealed with the Daejeon District Court 2014Da52360, and the Defendant appealed with the Supreme Court 2014Da52360, but the said judgment was finalized on October 30, 2014, and the said judgment became final and conclusive on November 3, 2014.

(hereinafter referred to as “decision of revocation of fraudulent act.” The Defendant voluntarily decided to commence the auction of the instant apartment to Daejeon District Court C on June 4, 2015 upon application of the Korea Housing Finance Corporation, which was established on the instant apartment prior to the completion of the registration of ownership transfer.