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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On May 21, 2004, I Co., Ltd. (hereinafter “I”) completed the registration of initial ownership relating to the real estate listed in the separate sheet (hereinafter “instant real estate”).
D The provisional registration was completed on March 7, 2006 and on March 7, 2006, with respect to shares of 1/2 of the instant real estate, and on April 17, 2006, the F completed the registration of transfer of the said provisional registration with respect to shares of 1/2 of the instant real estate to E, and E completed the registration of transfer of the said provisional registration with respect to the instant real estate to G Limited (hereinafter “G”) on September 5, 2007.
B. On September 20, 207, G completed the registration of ownership transfer on the basis of the above provisional registration, and on January 18, 2013, G completed the registration of ownership transfer to C. However, on May 15, 2015, the Plaintiff cancelled the registration of ownership transfer by subrogation of the name of G concerning the instant real estate in accordance with the final judgment of Busan High Court (original Court) 2010Na623, and on the same day, C’s registration of ownership transfer was cancelled according to the above final judgment.
C. On April 21, 2015, the Plaintiff purchased the instant real estate from I (hereinafter “instant sales contract”) and completed the registration of ownership transfer on May 15, 2015.
The Defendant purchased the instant real estate from G and resided in the instant real estate from September 2, 2013 to September 2, 2013, and the rent from May 16, 2015 to March 15, 2017 is KRW 360,000 per month.
E. G’s director filed a lawsuit against the Plaintiff, etc. to the effect that a series of real estate disposal acts, including the instant sales contract, should be revoked as it is a fraudulent act. However, on February 10, 2017, the Changwon District Court Seowon Branch Branch (2015Gahap310) dismissed the claim on the ground that there was no preserved claim, and the said J appealed appealed with Busan High Court (CJ) 2017Na97, but the said appellate court appealed for the same reason.