1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is one of the investors who invested in D’s “N” and suffered losses that could not recover dividends and principal.

B. On April 14, 2009, the Plaintiff lent KRW 4,397,71,90 to D and C on March 28, 2008 between D and D’s spouse, and D and C on April 15, 2009, a notary public, stating that he/she would repay the above loan by April 15, 2009, drafted a notarial deed under the Monetary Loan Agreement (hereinafter “notarial deed of this case”).

C. After that, on February 5, 2010, D was sentenced to two years by the Seoul Western District Court to imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc., and the above judgment became final and conclusive in the appellate trial.

The instant real estate was owned by the network E. As the deceased, on April 25, 2016, the Defendant, C, F, and G, who were their successors, concluded a division of inherited property that the Defendant would independently inherit each of the instant real estate (hereinafter “instant disposal disposition”). On July 27, 2016, the Defendant completed the registration of ownership transfer on the grounds of inheritance by agreement and division with respect to each of the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5, Eul evidence No. 1, and all pleadings

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion argues that C has a claim based on the Notarial Deed against C, and C, the sole property under insolvent, intended to vest the inheritance share of each of the instant real estate in the Defendant. The instant disposition constitutes a fraudulent act detrimental to the general creditors of C, including the Plaintiff, and thus, the Defendant sought revocation and restitution of the instant disposition.

B. On the summary of the defendant's assertion, the defendant, as to this point, D's creditors, including the plaintiff, are C.