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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 and 13:
On March 29, 2012, the payment order against C was finalized to the effect that C would pay the Plaintiff KRW 59 million and its delay damages.
B. On October 22, 2012, C entered into a trade reservation (hereinafter “instant reservation”) with respect to each forest listed in the separate sheet owned by C (hereinafter “each forest of this case”), and completed on October 23, 2012, the provisional registration of the right to claim ownership transfer with respect to the forest of this case (hereinafter “instant provisional registration”).
C. The Plaintiff filed a lawsuit against the Defendant on September 11, 2013, which claimed that the instant trade reservation entered into between Changwon District Court through the Changwon District Court No. 2013Da3117, was a fraudulent act, and that the said reservation was revoked, but the Defendant revoked the said provisional registration on September 11, 2013 when the said lawsuit was pending, and the Plaintiff sold each of the instant forest to D on the same day and completed the registration of ownership transfer as to each of the instant forest on the same day on the same day.
C thereafter filed a lawsuit of demurrer against the plaintiff as the Changwon District Court 2014Kadan23921, which was the Seoul District Court 2014Kadan23921, and on November 11, 2015, the above court rendered a judgment in favor of the above court to the effect that "the compulsory execution based on the above payment order shall not be permitted only to exceed the rate of 20 million won per annum and the damages for delay calculated at the rate of 20% per annum from March 15, 2012 to the date of full payment." Accordingly, upon appeal by C, the above case is pending in the appellate court.
2. The plaintiff's assertion and judgment are the defendant.