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1. Revocation of a judgment of the first instance;
2. Subject to the selective claims added at the trial, the Defendants shall D.
Reasons
1. Basic facts
A. On August 1, 2012, the Plaintiff filed a lawsuit against D for the return of loans with the Daejeon District Court Branch Branch of 2012Kadan16366, Nov. 22, 2012, the Plaintiff rendered a judgment that “D shall pay to the Plaintiff 50 million won and the interest rate of 20% per annum from August 9, 2012 to the date of full payment.” On May 10, 2013, it became final and conclusive that “D shall pay to the Plaintiff KRW 50,000,000 by May 31, 2013.”
B. Meanwhile, on July 5, 2012, D entered into a trade promise with the Defendants to sell and purchase shares of 1/2 with respect to the instant real estate (hereinafter “instant promise”) with the Defendant, who is the husband of the Defendant B and ASEAN, and completed the registration of ownership transfer claim under the receipt of No. 44180 on July 6, 2012 with respect to each of the shares of 1/2 shares in the Daejeon District Court’s Incheon District Court’s ASEAN Branch Office, as to each of the Defendants.
C. On April 8, 2015, the Defendants completed the principal registration based on the provisional registration of ownership transfer claim pursuant to Article 20287 of the receipt on April 8, 2015, with respect to shares of 1/2 of the instant real estate by the Daejeon District Court’s Branch Office of Masan Branch Office of the Daejeon District Court.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. The plaintiff's assertion
A. On July 5, 2012, D entered into a promise to sell and purchase the instant real estate with its husband, and made a registration of the right to claim ownership transfer registration with respect to shares of 1/2 of the instant real estate in the Defendants’ future on July 6, 2012. On April 8, 2015, the instant promise to sell and purchase was made on the basis of the said provisional registration with the Plaintiff and D’s creditors, and thus, it constitutes a fraudulent act with D including the Plaintiff. As such, D’s promise to sell and purchase the instant real estate is revoked and restored to its original state, the Defendants must cancel the registration of the right to claim ownership transfer based on the said promise to sell and purchase
(Request for Revocation of Fraudulent Act based on Right of Revocation and Claim for Restoration).