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1. Revocation of the first instance judgment.
2. All of the lawsuits of this case filed by the Plaintiff (Appointed Party) against the Defendants are dismissed.
3.
Reasons
1. Basic facts
A. On August 1, 2017, the Plaintiff and the Selected E (hereinafter collectively referred to as “Plaintiff, etc.”) obtained from Nonparty D the registration of establishment of a mortgage on G apartment H (hereinafter referred to as “instant real estate”) located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu as Seoul Northern District Court No. 60846, Jun. 30, 2017; the maximum debt amount of KRW 260,000,000; and the debtor D’s establishment of a mortgage.
B. On the other hand, with regard to the instant real estate, on July 3, 2017, the person holding the provisional registration: (a) registered the provisional registration on July 4, 2017 at the same registry office as the receipt of No. 51456-1 on July 4, 2017; (b) Nonparty I completed the registration of transfer of ownership transfer claim under the receipt of No. 91317, Nov. 14, 2017 by the same registry office on the ground of the transfer of right on November 2, 2017; (c) Defendant B completed the registration of the provisional registration under the receipt of No. 91318, Nov. 14, 2017, by means of sale on November 2, 2017.
3 Defendant B completed the registration of ownership transfer completed on December 22, 2017 by the same registry office on December 27, 2017 due to sale on December 22, 2017 to Defendant C.
C. On April 16, 2018, the Plaintiff et al. filed a lawsuit seeking revocation of a fraudulent act with the purport that the Defendants would cancel the pre-sale agreement concluded on November 2, 2017 between the Defendant B and the Defendant B and the revocation of a sales contract concluded on December 22, 2017, on the grounds that Nonparty D disposed of the sole property of Nonparty C with Nonparty I and the Defendants, and that the Plaintiff was ruled against the Plaintiff.
Plaintiff
After filing an appeal against the judgment of the court of first instance, the purport of the claim and the cause of the claim are to be sought for the cancellation and restitution of the purchase and sale reservation between Nonparty D and Nonparty I through the application for modification of the purport of the claim and the cause of the claim on May 20, 2019. The claim and the cause of the claim are finally examined through the application for modification of the purport of the claim and the cause of the claim on July 1, 2019.