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1. The judgment of the court of first instance, including the Plaintiffs’ claims to change, add, and reduce their claims in this Court.
Reasons
1. Basic facts
A. On May 16, 2017, the Plaintiffs filed a claim for damages against E and rendered a judgment in favor of the Plaintiff that “E shall pay to the Plaintiff KRW 20 million, KRW 5,000, KRW 500,000, and KRW 5,000, and KRW 15% per annum from December 17, 2016 to May 16, 2017, and KRW 15% per annum from the next day to the date of full payment.”
(Scheon District Court Gangnam Branch 2016dan5826). E appealed appealed against the above judgment, but the above judgment was dismissed on October 31, 2017, and became final and conclusive.
B. On November 15, 2016, E’s fraudulent act, on November 15, 2016, sold (hereinafter “the instant sales contract”) real estate indicated in the attached list (hereinafter “instant apartment”) to the Defendant, one of his Schedule, and on November 17, 2016, the Defendant completed the ownership transfer registration on the instant apartment (hereinafter “instant ownership transfer registration”).
C. On December 1, 2016, Plaintiff B filed a lawsuit seeking revocation of the registration of ownership transfer on the instant apartment as the right to claim revocation of the registration of ownership transfer on the ground of fraudulent act, and Plaintiff B filed an application for provisional disposition of prohibition of disposal on December 1, 2016 (Seoul District Court Decision 2016Kadan1052), and on December 20, 2016, Plaintiff B obtained a provisional disposition registration on the instant apartment on December 20, 2016 (Yancheon District Court Decision 2016Gadan7841). On April 19, 2017, Plaintiff B filed a lawsuit seeking revocation of fraudulent act against Defendant B (Yancheon District Court Decision 2016Gadan7841). The instant sales contract concluded between Defendant and E with respect to the instant apartment, and the Defendant was awarded a favorable judgment on May 17, 2017.
(hereinafter referred to as “transfer fraudulent act revocation suit”). D.
This case's sales contract for the apartment of this case was concluded at the time of voluntary auction.