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1. The plaintiff's claim that was changed in exchange in the trial is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 23, 2018, the Plaintiff filed a lawsuit against C with the Seoul Central District Court 2017 Ghana260403, and sentenced C to the judgment that “C shall pay to the Plaintiff 10,000,000 won and interest calculated at the rate of 5% per annum from September 9, 2016 to September 14, 2017, and 15% per annum from the next day to the date of full payment.” While C appealed appealed against the above judgment, the judgment of dismissal of appeal on April 9, 2019 (Seoul Central District Court 2018Na11793) was pronounced, but C re-appealed, but the judgment of final appeal became final and conclusive on July 11, 2019 (Supreme Court 2019Da23029, supra).
B. On April 23, 2018, the Plaintiff received a collection order for the seizure and collection of claims (Seoul Central District Court 2018TTT 2018TT 7355) from the obligor C and the third obligor as the Defendant on the claim amount of KRW 11,430,99 based on an executory exemplification of the judgment regarding the loan claim case No. 2017 AB 260430, the Plaintiff served the Defendant on June 1, 2018.
C. On May 11, 2017, C concluded a sales contract for selling real estate located in Gyeonggi-gun E in KRW 759,200,000 (hereinafter “instant sales contract”) with D, a foundation (hereinafter “D”).
D According to the instant sales contract, D remitted total of KRW 759,200,000, totaling KRW 303,680,000 on May 11, 2017, and KRW 415,520,000 on June 29, 2017, and KRW 759,20,000 on July 31, 2017.
[Ground of recognition] Unsatisfy, entry of Gap 1 through 3, 7, 9 evidence (including each number, hereinafter the same shall apply) and significant facts in this court
2. The assertion and judgment
A. A debtor C, a debtor who is obligated to pay the above judgment amount to the plaintiff's assertion, donated KRW 759,200,000 to the defendant. The above donation contract is a fraudulent act, and the plaintiff's claim for the seizure and collection order of the above claim is 11.