1. The plaintiff's claim is dismissed.

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

1. Case history

A. The Plaintiff filed a lawsuit against the Defendant’s husband C seeking monetary payment. The Seoul High Court sentenced C to the Plaintiff to pay 263 million won per annum from June 28, 2016 to September 27, 2017 and 15% per annum from the next day to the day of complete payment.

[Seoul High Court Decision 2017Na648 decided September 27, 2017] Although C appealed appealed, the Supreme Court dismissed the appeal and the above judgment became final and conclusive as it is.

B. C has completed the provisional registration of the Defendant on September 5, 2016, Hongcheon District Court, Hongcheon District Court No. 17176 of the receipt of September 5, 2016 (hereinafter “the provisional registration of this case”) with respect to the real estate listed in the attached list No. 1 as the person having the provisional registration, and based on the trade reservation as of August 29, 2016 (hereinafter “instant trade reservation”).

【Unfounded grounds for recognition】 The facts without dispute, Gap evidence Nos. 2 and 25 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff’s assertion C concluded a pre-sale agreement with the Defendant, his wife, and completed the provisional registration of this case for the purpose of evading obligations in excess of obligations.

The reservation of this case constitutes a fraudulent act and thus should be revoked, and the cancellation of the provisional registration of this case should be sought to restore the original state.

3. Determination

A. According to the factual relations prior to the occurrence of the preserved claim, C is obligated to pay to the Plaintiff KRW 263 million and delay damages therefor.

B. C’s fraudulent act and intent to commit suicide 1) At the time of the instant promise to sell and purchase real estate listed in the attached Table 2, as at the time of the instant promise to sell and purchase (as at August 29, 2016, KRW 2,638,320,940, and KRW 26: Provided, That according to the evidence No. 14, C owns the share of KRW 524,524, KRW 71,000, and KRW 65,000,000, KRW 625,000,000, KRW 2,638,320,000, and KRW 140,000.