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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The defendant is a person who was the representative director of C Co., Ltd. (hereinafter "C prior to the change: D Co., Ltd.; hereinafter "C") who is engaged in the business of manufacturing framed and framed boxes in each real estate listed in the separate sheet (hereinafter "each real estate of this case"). The plaintiff is a person who leases part of each real estate in C and engages in packing and processing business in the trade name of E.
B. On January 7, 2013, the Plaintiff entered into a sales contract with C to purchase each real estate in KRW 1,250,000 (hereinafter “instant sales contract”) and completed the registration of ownership transfer on January 8, 2013.
C. 1) On April 16, 2012, F filed a lawsuit claiming a loan against C on April 16, 2012 (Ulsan District Court 201Ga2398, hereinafter “Ulsan District Court case”).
(2) On December 13, 2012, the Ulsan District Court rendered a ruling that “C shall pay F 184,00,000 won and damages for delay thereof,” and the judgment became final and conclusive on January 8, 2013. (2) The F filed a lawsuit for revocation of fraudulent act against the Plaintiff on December 24, 2013, asserting that the sales contract was a fraudulent act (Ulsan District Court Decision 2013Da9204, Busan High Court Decision 2015Na6161, 2015Da61835, hereinafter “Revocation of Fraudulent Act”), and the Busan High Court rendered a ruling that “The Plaintiff shall revoke the sales contract within the limit of KRW 29,115,945, and the Plaintiff shall pay the F 29,159,150 won and the damages for delay on September 16, 2015.”
1) On January 28, 2015 and October 1, 2015, F applied for provisional seizure of each real estate with respect to each real estate as the claim for compensation for value based on the revocation of fraudulent act (Ulsan District Court No. 2015Kahap52, Ulsan District Court No. 2015Kadan309, Ulsan District Court No. 2015Kadan309, Feb. 5, 2015, and Ulsan District Court No. 1283, Oct. 12, 2015).