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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 25, 2005, Busan 2 Savings Bank Co., Ltd. (hereinafter “ Busan 2 Savings Bank”) entered into a loan agreement with Nonparty C on a set of the loan principal of KRW 290 million and deposit the loan in the Busan 2 Savings Bank account in the name of Nonparty C on April 25, 2008. As of October 31, 201, the above loan principal and interest or delay damages after September 25, 2007 remain unpaid.
(hereinafter referred to as the above loan contract and loan are referred to as the “instant loan contract and loan”). (b)
C On February 18, 2011, Defendant A, the wife, completed the registration of transfer of ownership on the real estate listed in the separate sheet (hereinafter “instant real estate”) with the Busan District Court No. 4330 as the receipt of the Busan District Court’s Busan District Court’s receipt of the registration office, and completed the registration of transfer of ownership on November 16, 201 with the Busan District Court’s receipt of the Busan District Court’s Busan District Court’s Busan District Court’s receipt of the registration office on the instant real estate as the reason of sale on November 14, 201.
C. On March 7, 2012, Busan District Court declared bankrupt on March 7, 2012 by Busan District Court as Busan District Court 201Hahap1, and the defendant was appointed as bankruptcy trustee from the above court.
[Ground of recognition] Unsatisfy, Gap evidence 2 to 9
2. Assertion and determination
A. 1 The plaintiff asserts that C entered into a trade reservation with Defendant A without any substantive cause on the real estate of this case, which is the only property for the purpose of evading debts due to the loan debts of this case against the plaintiff in excess of its debts, and for the same purpose, selling the real estate of this case to Defendant B for the same purpose constitutes a fraudulent act detrimental to the plaintiff, who is the creditor. Therefore, the above trade reservation and the sales contract should be revoked. As such restitution, Defendant A had the right to claim transfer of ownership registered on the ground of the above trade reservation, and Defendant B had the right to claim transfer of ownership registered on the ground of the above sales contract.