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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On January 14, 2016, the Plaintiff filed a lawsuit claiming the amount of transfer (in Busan District Court Decision 2015Da74554), and was sentenced to a favorable judgment as follows. The judgment became final and conclusive on February 26, 2016.
(hereinafter “instant claim”). D shall pay to the Plaintiff 169,70,000 won with 20% interest per annum from September 22, 2015 to September 30, 2015, and 15% interest per annum from the next day to the day of full payment.
B. D decided to borrow KRW 50,000,000 from the Defendants, and concluded a pre-sale agreement with the Defendants on July 10, 2017 with regard to each of the real estate listed in the separate sheet No. 2, and completed the registration of the right to claim ownership transfer by the Changwon District Court Kim Sea Registry receipt No. 60339.
The Defendants paid 50,000,000 won to D on July 14, 2017.
C. On August 7, 2017, D borrowed KRW 350,000,00 from the Defendants, and made a promise to sell and purchase each real estate listed in the separate sheet as collateral for the borrowed money on December 12, 2017 with the Defendants on December 12, 2017, and completed the registration of the claim for transfer of ownership against the Defendants on December 13, 2017 as Changwon District Court Kim Sea Registry receipt No. 106588.
(A) The registration certificate of each real estate listed in the attached Table 1 states that the date of the cause of the above provisional registration in the name of the Defendants was the pre-sale for sale on December 12, 2012. However, in light of the timing of new construction of each real estate listed in the attached Table 1 and the timing of registration of preservation of ownership in the name of D, the date of the above provisional registration appears to be the date of a clerical error in the name of December 12, 2017.) 【The ground for recognition.’ There is no dispute, Party A’s 1, 2, 10 through 15 evidence, Party B’s 1 through 5, and the purport of the entire
2. Determination on the assertion for revocation of fraudulent act
A. The Plaintiff’s assertion D is insolvent on July 10, 2017 or December 12, 2017, at the time of entering into a pre-sale agreement with the Defendants on the real estate stated in the separate sheet Nos. 1 and 2.