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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
(1) On February 27, 2009, the Defendant: (a) lent KRW 10 million to C on May 25, 2009, and KRW 5 million on May 25, 2009; (b) subsequently, C did not repay the loan; (c) filed a lawsuit against C on the claim for loans under Busan District Court’s Branch Branch Branch Branch Branch of the Busan District Court Decision 201Na78022; and (d) on August 14, 2012, the Defendant rendered a favorable judgment that “C shall pay to the Defendant the amount of KRW 15 million and the amount of money calculated at the rate of KRW 20% per annum from December 21, 201 to the date of full payment; (d) C appealed appealed appealed on April 26, 2013; and (e) the said judgment became final and conclusive around that time.
B. On December 16, 2010, C completed the registration of the right to claim ownership transfer on the ground of the purchase promise on December 15, 2010 (hereinafter “instant purchase promise”) with respect to the Plaintiff, the wife, for its own property (hereinafter “instant apartment”). On April 28, 2011, C completed the principal registration of the right to claim ownership transfer based on the instant provisional registration on April 26, 201 (hereinafter “instant sales contract”).
Secondly, on September 7, 2012, the Defendant filed a suit against the Plaintiff for revocation of fraudulent act (hereinafter “instant suit”) claiming KRW 19,676,712 from the Busan District Court to cancel the instant promise to sell and purchase between the Plaintiff and C as Busan District Court Decision 201Da75730, and the instant contract was revoked, and was sentenced to a judgment that fully accepted the Defendant’s claim on September 26, 2013.
Although the plaintiff appealed against this, the appeal was dismissed by Busan District Court 2013Na17459, and the plaintiff appealed and appealed again, but the appeal was dismissed on March 4, 2016 and became final and conclusive.
(Supreme Court Decision 2015Da74530, hereinafter “instant final judgment”) was rendered.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Gap evidence 3-2, the purport of the whole pleadings
2. The plaintiff.