1. The part concerning the conjunctive claim in the judgment of the first instance shall be revoked;

2. The plaintiff's conjunctive claim is brought about.

1. In filing the instant lawsuit, the Plaintiff filed the instant lawsuit with the primary claim, and filed a claim for the cancellation of the sales contract concluded between the Defendant and B on April 30, 2014 with respect to the share of 4/10 (hereinafter “share of each of the instant real estate”) out of each of the real estate listed in the separate sheet (hereinafter “instant sales contract”) and the restitution of the original property to its original state. ② The Plaintiff sought compensation for the cancellation of the instant sales contract and the restitution of the ownership transfer to its original state.

On the other hand, the first instance court dismissed the plaintiff's primary claim and accepted all of the conjunctive claim, and only the defendant appealed against the judgment of the first instance, and also filed an incidental appeal to the effect that the plaintiff expands the conjunctive claim, so only the plaintiff's conjunctive claim is subject to the trial of this court.

2. Judgment on the defendant's main defense

A. The summary of the argument in this case is as follows: (a) In the lawsuit seeking revocation of a fraudulent act filed against the Defendant by the non-party LAC Co., Ltd. (hereinafter “Korea LAC”) during the proceeding of the lawsuit in this case, the Defendant and the Defendant completed the recovery of the value by paying the principal and interest of the judgment in full to the Han LAC in accordance with the judgment of the previous lawsuit, within the scope of KRW 223,000,000, which is the balance calculated by deducting all secured liabilities such as mortgage, etc. from the value of each real estate in this case’s sales contract in relation to the instant case’s sales contract concluded between the Defendant and the Defendant; and (b) the Defendant’s restoration to the original state ordered the Han LAC to pay KRW 223,00,000,000 to the Han LAC (Supreme Court Decision 20, Sept. 20, 201).

Accordingly, the lawsuit of this case against the defendant seeking the cancellation of the sales contract of this case and compensation for the equivalent value of each of the real estate shares in the same way as the previous lawsuit is unlawful as there is no interest in the lawsuit.