In case where an obligee filed a lawsuit against a beneficiary seeking revocation or restitution of a fraudulent act on the ground of a debtor's fraudulent act on the ground of a debtor's real estate, and the obligee has been released or terminated while the lawsuit is pending and the obligee has returned to the obligor by punishing the property for which return is sought by the revocation of the fraudulent act, the purpose of the lawsuit for revocation of a fraudulent act is already realized, and no longer the benefit in the

(2) The Defendants filed a claim for the cancellation of ownership transfer registration and the cancellation of ownership transfer registration (see, e.g., Supreme Court en banc Decision 2007Da85157, Mar. 27, 2008; Supreme Court en banc Decision 2012Da952, May 21, 2015). It is clear in the record that the instant lawsuit is seeking the cancellation of a transfer agreement and the cancellation of part of ownership transfer registration with respect to the instant real estate between G Co., Ltd and the Defendants on January 12, 2016. However, in the response to the grounds of appeal as of August 23, 2019, the Plaintiff asserted to the effect that, after the judgment became final and conclusive, the ownership transfer registration of each of the instant real estate became final and conclusive on June 24, 2019 by M Co., Ltd. (Seoul High Court Decision 2018Na204586, May 25, 2019).

Thus, there is room to view that the plaintiff does not have any interest in the protection of rights any longer because the purpose that the plaintiff intended to realize by the lawsuit in this case

(B) The court below should examine and determine whether the case was restored to the original state as seen above. The court below reversed the judgment of the court below and the case is remanded to the court below for further proceedings consistent with this Opinion without examining the Defendants’ grounds of appeal. It is so decided as per Disposition.