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1. The sales contract concluded on August 5, 2015 between the Defendant and B is revoked.
2...
Reasons
1. Determination as to the cause of claim
A. Comprehensively taking account of the purport of the entire arguments in evidence Nos. 1 through 6, the Plaintiff entered into a sales contract with the Defendant A for the sale of real estate listed in the separate sheet (hereinafter “instant apartment”) as of March 27, 2014 (i.e., 99,654,367 won by subrogation on February 3, 2016) and damages for delay as a creditor of the right to indemnity, and the Defendant B, on August 3, 2015, immediately after the Industrial Bank of Korea was in arrears of the repayment of KRW 100 million borrowed from the Industrial Bank of Korea on April 2, 2014 pursuant to the aforementioned credit guarantee agreement, on August 5, 2015, the Plaintiff concluded a sales contract for the sale of real estate listed in the separate sheet (hereinafter “instant apartment”) with the Defendant A for the sale of more than KRW 100,03,409 (hereinafter “instant apartment”) and, on August 6, 2015, the following fact that the Plaintiff sold its surplus to the Defendant A’s property B 25.
(A) Defendant A held the title trust of the instant apartment to B, or asserted that the instant apartment, other than the instant apartment at the time of the instant sales contract, was not insolvent due to the assets, such as Driet 703-1/150 shares in Pyeongtaek-gun, Gangwon-do, and E’s lease deposit refund claim, premium, goodwill, etc., but there is no evidence to acknowledge the said assertion).
B. The method of restoring to the original state where there is a dividend claim to be returned to the beneficiary only one beneficiary, where the dividend claim has been paid to the beneficiary, it shall be done not by immediately ordering the beneficiary to pay the dividend, but by returning the beneficiary’s right to claim the dividend payment acquired by the beneficiary to the debtor, in case where the dividend claim has not been paid to the beneficiary due to the compensation of the equivalent amount of the same amount