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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 16, 2007, the Gyeonggi Savings Bank Co., Ltd. (hereinafter “the Gyeonggi Savings Bank”) entered into a credit transaction agreement with the Co., Ltd. Co., Ltd. (hereinafter “meat”) with each of the loans of KRW 800,000,000 and KRW 170,00,000 on January 24, 201 as each extension of credit, and C provided the said loans to the meat (hereinafter “the instant loans”); and C Co., Ltd provided the loans of KRW 1,120,000,000 on August 16, 2007, with each of the loans of KRW 238,00,000 on January 24, 201 as joint and several guarantee amount.
The loan obligations of this case in Metech currently remain 25,112,600 won.
B. On March 15, 2014, C sold each real estate listed in paragraphs 1 and 2 of the attached list to Defendant A, each real estate listed in paragraphs 3 and 4 of the attached list to the same Defendant B (hereinafter “instant sales contract”), and completed the registration of ownership transfer on May 15, 2014.
(2) The Plaintiff’s assertion 2.2. The Plaintiff’s assertion that each of the real estate listed in the separate sheet Nos. 1 through 4 was sold to the Defendants the real estate of this case, which is the only property in excess of active property, including joint and several liability for the loan of this case. The Defendants knew that C had been in excess of liability at the time of entering into the instant sales contract.
Therefore, the sales contract of this case should be revoked by fraudulent act, and the restoration to the original state following the revocation of fraudulent act, Defendant A is obligated to implement the registration procedure for cancellation of ownership transfer registration as to the real estate of this case Nos. 1 and 2, and Defendant B is obligated to implement the registration procedure for cancellation of ownership transfer registration as to the
3. Each of the evidence Nos. 1, 2-1 through 4, 3, and 4-1, 2, 5, and 6-1, 5, and 6-1, 1, 2, 3, and 4-1, 3, and 4-2, at the time of conclusion of the instant sales contract, was the only property of C
or the conclusion of the above sales contract.