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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.
Reasons
1. The court's explanation on this part of the basic facts is 1,285,54,707 won, including the sum of 244,798,248 won, etc. equivalent to 1,013,70,700,747 won, etc. (the amount equivalent to the debt owed by C among the real estate in this case as seen below) against the Bank of Korea at the end of the pleadings, and 516,652,208 won (the amount equivalent to the debt owed by C among the real estate in this case as seen below) against the Bank of Korea at the end of the pleadings. The amount of the loan claim in this case at the time of the closure of the pleadings is set at the rate of 1,285,54,707 won, 3, 3, 21 through 4, 215, 410, 1050, 410, 2015 won, 410, 2015
“A collateral security was established.”
"Each height is the same as the corresponding part, except for each height, and it is also accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination as to the cause of action
A. On February 20, 2012, the Plaintiff’s assertion that he/she had completed the registration of transfer of ownership of shares in the real estate listed in the separate sheet (hereinafter “instant real estate”) on the ownership shares among the real estate owned by the Defendant on February 20, 2012 (hereinafter “instant sales contract”). The instant sales contract reduces the joint security of the general creditors of C including the Plaintiff, thereby constituting fraudulent act. The Defendant, who is the debtor, C and the beneficiary, was aware that the instant sales contract had been concluded with the knowledge that it would prejudice the general creditors of C, and thus, has intention.
Therefore, the instant sales contract concluded between C and the Defendant shall be revoked by fraudulent act, and the Defendant shall compensate the Plaintiff for the value of the instant real estate for restitution to its original state (=476,909,550 won) (as of February 20, 2012, C’s 1/3 of the value of the instant real estate as of February 20, 2012).