1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The gist of the Plaintiff’s assertion entered into a contract with a non-party corporation under which 42% of the profits accrued from business operations is distributed in return for the payment of investment funds and the amount exceeding 50% of the equity shares of a corporation newly established by the non-party corporation for business operations (hereinafter “instant investment contract”). From March 16, 2012 to December 11, 2014, the Plaintiff paid KRW 333,387,300 to the non-party corporation.

Since the non-party corporation acquired each real estate listed in the separate sheet through its business activities, the plaintiff acquired the right to receive part of the profits acquired by the non-party corporation under the business agreement of this case and the right to claim part of the assets acquired by the non-party corporation.

On October 16, 2015, the non-party corporation entered into a sales contract with the Defendant for the purchase and sale of each real estate as an object (hereinafter “instant promise”) on the attached list, and on February 26, 2016, the sales contract for the real estate as an object (hereinafter “instant sales contract”). On October 16, 2015, the non-party corporation entered into a provisional registration for the right to claim ownership transfer under the instant promise (hereinafter “instant provisional registration”) and completed the ownership transfer registration under the instant sales contract on February 29, 2016 (hereinafter “instant transfer registration”).

However, the non-party corporation was in excess of its obligation at the time of entering into the instant sales contract and the instant sales contract, and held each real estate listed in the separate sheet as the sole property. Thus, barring any special circumstance, the instant sales contract and the sales contract should be deemed as a fraudulent act detrimental to the general creditors of the non-party corporation.

Accordingly, the plaintiff sought revocation of the reservation and sales contract of this case, which is a fraudulent act based on the obligee's right of revocation, and at the same time, provisional registration of this case and this case, which was completed in the name of the defendant