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1. The claim for the revocation of a fraudulent act shall be dismissed among the plaintiff's main claims added at the trial;
2. The plaintiff.
Reasons
Basic facts: (a) On May 23, 2012, Defendant C entered into a sales contract (hereinafter “instant sales contract”) with D with respect to one half of the shares of building E, F, and G ground (hereinafter “instant real estate”) in Seoul Special Metropolitan City, Gwanak-gu; and (b) the main contents thereof are as follows.
A seller: Defendant C et al. and one other: (a) Defendant B paid KRW 48,00,000 out of the down payment stipulated in the instant sales contract on June 15, 2012, the remainder of KRW 250,000,000,000, which was paid on June 30, 2012, as the intermediate payment of KRW 80,000,000,000,000, in the event of a contract for KRW 60,000,000.
On June 15, 2012, Defendant B paid to D the intermediate payment of KRW 250,000,000,000 as stipulated in the instant sales contract. Of these, Defendant B’s KRW 200,000,000 was the money loaned by Defendant B on the security of Dongdaemun-gu Seoul H apartment on June 15, 2012.
The Defendant C entered into a waiver agreement with Defendant B on April 1, 2013 with respect to the instant sales contract while he/she was unable to pay the balance under the instant sales contract by the due date.
(hereinafter referred to as the “instant waiver agreement” and “written waiver of the instant case”). In giving up all the rights of Defendant C to Defendant B, Defendant C of the instant waiver agreement shall be agreed as follows:
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1. Defendant C and Defendant B (hereinafter “Buyer”) entered into the instant sales contract with the seller D on May 23, 2012 with respect to the instant real estate as a joint purchaser on May 23, 2012.
2. According to the contract under the preceding paragraph, Defendant B remitted the sum of KRW 48,000,000,000 in the passbook in his name on May 23, 2012, and KRW 48,000,000 in the sum of KRW 38,30,000 on May 24, 2012, to the account designated by the seller D as the down payment of the instant real estate. On June 15, 2012, Defendant B transferred the sum of KRW 250,000,000 as the intermediate payment, D.