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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 parties' assertion
A. On August 19, 2008, the Plaintiff asserted that the Plaintiff paid 300 million won of the investment in the apartment resale business, which was built by Malaysia D Group, to Dong Jae-si of the Defendant, and agreed on May 21, 2010 to receive a refund of KRW 150 million out of the investment amount from C.
However, C concluded the instant sales contract to sell the instant real estate, which is its sole property, to the Defendant, which constitutes a fraudulent act against the Plaintiff, a creditor.
Therefore, the sales contract of this case shall be revoked, and the defendant shall pay the plaintiff the amount of KRW 150 million as compensation for the value.
B. The plaintiff's assertion that the F Co., Ltd. (hereinafter "F") was not the plaintiff, but the representative director of the F Co., Ltd. (hereinafter "G") remitted KRW 300 million to G (hereinafter "G") with the purchase price for the resale business, and the plaintiff did not invest in C, and there is no preserved claim itself against the defendant.
2. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4, 6, and Eul evidence Nos. 2, the following facts can only be acknowledged, and C, not G, was invested by the plaintiff in KRW 300 million.
or (150 million won out of the investment funds by C shall be held in custody.
It is insufficient to recognize that the Plaintiff agreed to return the investment deposit to the Plaintiff or the Plaintiff. Ultimately, there is no other evidence to acknowledge this, and the Plaintiff’s claim for return of investment deposit against C is without merit without further examination.
① around 2007, the Plaintiff: (a) purchased 308 households of H apartment units, which were constructed by Malaysia D Golf Co., Ltd.; and (b) established F for the purpose of resale in Korea.
② Around April 2007, F established G as a local subsidiary of Malaysia for the resale business, and C is the representative director of G.
③ On the other hand, on August 18, 2008, the Plaintiff 300 million won Malaysia.