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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion ① Upon the request of E, the Plaintiff remitted the total of KRW 148.9 million to the F accounting that is the actual operator of E, from January 15, 2014 to September 1, 2014.
② On January 14, 2014, February 25, 2014, and March 14, 2014, E issued a certificate of loan to the Plaintiff that the said company borrowed money from the Plaintiff, and that D and E are jointly and severally surety therefor. On July 15, 2014, E issued a certificate of confirmation to the Plaintiff that “D borrowed KRW 130,000,000 from the Plaintiff, and E borrowed KRW 15,500,000 from the Plaintiff, and is jointly and severally and severally surety.” On December 2, 2014, E issued a certificate to the effect that “D borrowed KRW 15,500,000 from the Plaintiff, and is jointly and severally and severally surety”.
③ The Plaintiff has a claim for loans worth KRW 1550 million against D.
① On July 25, 2013, the provisional registration for the transfer of ownership was completed in the name of D and Defendant B on the instant real estate.
② On April 23, 2015, D completed the additional registration prior to the provisional registration due to transfer on April 22, 2015 with respect to one-half share of the instant real estate to Defendant B, and Defendant B completed the additional registration prior to the provisional registration due to transfer on May 1, 2015 with respect to the instant real estate on April 30, 2015.
③ On April 22, 2015, which was concluded with Defendant B with respect to the instant real property, the sole property D, seeking revocation of a provisional registration transfer agreement on April 22, 2015, constitutes a fraudulent act, and seek restitution to the original state, the amount equivalent to KRW 150 million, which is the amount equivalent to the preserved claim amount, and damages for delay.
2. According to the purport of the evidence No. 17 and the entire pleadings, the judgment dismissing the Plaintiff’s claim against the Plaintiff on January 3, 2017 in the relevant case (U.S.T. 2015da 22977), and the Plaintiff appealed against the said judgment and filed a preliminary claim for damages due to tort, but the said appellate court added both the Plaintiff’s appeal and the conjunctive claim on April 26, 2018.