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1. The part against the defendant in the judgment of the first instance is revoked, and the plaintiff's claim against the defendant is dismissed.
2...
Reasons
1. Basic facts
A. 1) The J Co., Ltd. is a “F apartment” regardless of whether it was before or after the change in the name of the apartment, on three lots of land, including AD apartment (former F apartment; hereinafter referred to as “F apartment”), including K, G, and K, from January 1, 1991.
A) In the process of construction of two new Dongs, construction was suspended due to financial difficulties, and thereafter, Q Co., Ltd. I (hereinafter “I”) around October 1993 through Q Co., Ltd. (hereinafter “I”).
(2) On April 14, 2001, I transferred 182 F apartment units, including the instant real estate, to E (hereinafter “E”) on April 14, 2001. On August 13, 2001, in addition to the above transfer contract, I agreed to hold 50% of E shares with E, and obtained approval on August 28, 2001 to change the F apartment construction project operator into E.
3) At the time I transferred to E the F apartment 182 household units composed of the F apartment with operation and Nadong, the construction was completed almost excluding part of the completed construction in the case of the operation of the instant real estate including the instant real estate. B. Around May 19, 2004, X, which was a creditor of the instant real estate, was subject to the provisional attachment decision by the Changwon District Court 2004Kahap35 regarding the instant real estate, which was unregistered as of May 19, 2004, and accordingly, the registration of ownership preservation (hereinafter “instant registration”) was completed in the name of E on May 21, 2004.
2) On June 22, 2015, the Defendant’s registration of ownership transfer (hereinafter “instant registration of ownership transfer”) was received by the Changwon District Court and the registration office was received on June 22, 2015 (hereinafter “instant registration of ownership transfer”).
(c) On January 20, 1994, the sales price of the instant real estate AC was 74,940,000 won (the sales price of the instant real estate was sold in lots separate from value-added tax, and the Plaintiff paid all the sales price of the instant real estate from AC with the consent of I on September 11, 2013.