2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

After the judgment of the first instance court, the procedure for compulsory auction for each of the instant real estate was completed, and on July 12, 2019, provisional registration under the name of the defendant was cancelled.

(No amount of dividends against the Defendant). Upon cancellation of a provisional registration under the Defendant’s name, the Plaintiff reduced its claim to seek only cancellation of the pre-sale agreement, which is the cause of provisional registration.

A creditor who exercises the right of revocation may simultaneously file a claim for revocation of a fraudulent act and restitution to its original state, and only the revocation of a fraudulent act may be claimed first, and restitution to its original state may be claimed later.

However, in consideration of the purpose of the obligee's right of revocation, the revocation of fraudulent act cannot be claimed unless it has already been restored to the original state.

If the provisional registration under the name of the defendant is cancelled and the auction procedure is completed without paying a dividend amount to the defendant, and the ownership of the real estate of this case, which is the responsible property B, has already been restored to the original state, the plaintiff cannot only claim the cancellation of the reservation for sale, which is the cause of

Ultimately, the instant lawsuit is unlawful as it has no benefit of lawsuit.

The lawsuit of this case shall be dismissed, and the judgment of the first instance as the conclusion is legitimate, and the plaintiff's appeal is dismissed.