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1. The plaintiff's appeal is dismissed.
2. The plaintiff's conjunctive claim shall be dismissed at the trial.
3...
Reasons
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) completed the registration of ownership transfer on the ground of sale with the special agreement for repurchase dated July 19, 191 with respect to D-8,990 square meters of land for a factory in Gyeyang-gun, Jeonyang-gun (hereinafter “instant land”) on July 20, 1991.
B. On the same day after the completion of the registration of transfer of ownership in C’s name, the provisional registration of the claim for transfer of ownership was completed for each one-third share of each one-third share of the instant land to the Plaintiff, the Defendant, and E on July 19, 191.
C. On June 19, 2008, the supplementary registration of the transfer of the right to claim a transfer of ownership was completed with respect to one-third share in the title E in the provisional registration of the right to claim a transfer of ownership on June 18, 2008, and on the same day, on the ground of the provisional registration of the right to claim a transfer of ownership in the name of the defendant (it is the provisional registration of the right to claim a transfer of ownership with respect to the shares of 2/3 out of the instant real estate; hereinafter referred to as “instant provisional registration”), the transfer registration of ownership with respect to shares of 2/3 out of the instant land was completed (hereinafter “instant registration”).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings
2. Main Claim - Judgment on the Revocation of Fraudulent Act
A. The plaintiff's assertion has a loan claim amounting to KRW 500 million against C. Since the defendant transferred E's share with the intent to harm the plaintiff, who is the creditor, and completed the principal registration of this case and completed the principal registration of this case and put C into the status of insolvency, the contract of this case between the defendant and C should be revoked as a fraudulent act, and the defendant is obligated to implement the procedure of cancellation registration of this case to C.
B. In the event that the principal registration has been completed on the basis of provisional registration, the issue of whether the requirements for fraudulent act are met should be determined at the time of the juristic act causing the provisional registration, and this shall be determined at the time of the establishment of the legal act.