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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. C (1) On July 2, 2001, the ownership transfer of the real estate indicated in the separate sheet (hereinafter “instant real estate”) was completed on July 2, 2001 by means of sale and purchase on October 3, 1996. (2) C entered into a pre-contract with D on October 16, 2013, and completed the registration of ownership transfer claim on the same day.
3) On September 16, 2014, D entered into a transfer contract with the Defendant for the provisional registration of the right to claim ownership transfer, and following the date, the Defendant entered into an additional registration prior to the provisional registration of the right to claim ownership transfer. On August 4, 2015, the Defendant filed a lawsuit seeking the cancellation of the sale contract and the return of the said real estate on August 3, 2015, based on the registration of the right to claim ownership transfer on the instant real estate. (B) The instant complaint and the application for the alteration of the purport of the claim and the cause of the claim on February 23, 2018, the Plaintiff filed a lawsuit seeking the cancellation of the sale contract and the return of the said real estate on May 12, 2017, while C bears a large amount of debt to the Plaintiff.
Since then, in the application for change of claim and cause of claim made on February 23, 2018, the Plaintiff changed the method of restitution following the cancellation of the sales contract made on August 3, 2015 to seek compensation for value instead of returning the original property.
2) On April 23, 2019, the Plaintiff filed an application for modification of the purport of the claim and cause of the claim as of April 23, 2019, asserting that the Plaintiff is a fraudulent act subject to cancellation of a pre-sale contract concluded on October 16, 2013 between C and D, which is the ground for registration of provisional registration as of August 3, 2015, which is the basis of the above pre-sale contract, and that is, the pre-sale contract concluded on October 16, 2013, as stated in the purport of the claim.