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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. As of February 16, 2014, the Plaintiff claimed KRW 358,980,000 as follows with respect to the Intervenor.
1) On or around February 23, 2012, the Plaintiff and the Intervenor drafted a sales contract (Evidence A7) stating that the Intervenor would pay the Plaintiff the winning fee of at least KRW 300 million to the Plaintiff for the claim for cancellation of ownership transfer registration (hereinafter “instant real estate”) on the real estate listed in the separate sheet (Seoul Central District Court Decision 2012Kadan4642) filed by the Intervenor. Accordingly, inasmuch as the Plaintiff’s winning lawsuit was finalized as the Intervenor’s winning lawsuit, the Intervenor would transfer the instant real estate to the Plaintiff at KRW 300 million, but at the same time the Intervenor would receive the remainder after deducting the litigation costs from the Plaintiff, and at the same time the Plaintiff would receive the remainder after deducting the litigation costs from the Plaintiff, the Plaintiff would pay the Plaintiff the winning fee of at least KRW 300 million to the Plaintiff. Accordingly, the instant agreement became final and conclusive as the Intervenor’s winning claim for cancellation of ownership transfer registration was finalized as the Plaintiff’s winning claim of KRW 300,808,000.
B. On February 17, 2014, the Intervenor was pretended to have entered into a sales contract for real estate listed in the separate sheet (hereinafter “instant sales contract”) in collusion with the Defendant, a representative director of which he/she was the Defendant, and completed the registration of ownership transfer under the name of the Defendant on the 18th day of the same month as the Hongcheon District Court’s receipt of the Hongcheon Registry of the said real estate.
C. The instant sales contract is the best act that causes damage to the Plaintiff, a creditor, and thus ought to be revoked, and its reinstatement.