1. The instant lawsuit shall be dismissed.

2. Of the costs of lawsuit, the part arising between the Plaintiff and the Defendant is borne by the Plaintiff.

Basic Facts

A. On April 9, 2013, D Co., Ltd. entered into a credit guarantee agreement with the Plaintiff’s Intervenor, and the Plaintiff jointly and severally guaranteed obligations, such as indemnity money, pursuant to the said credit guarantee agreement with the Plaintiff’s Intervenor.

B. D Co., Ltd. received a loan from the Industrial Bank of Korea by offering a credit guarantee certificate issued by the Plaintiff’s Intervenor as security. A credit accident occurred that prevents the repayment of the loan by suspending its business around February 2016.

C. Accordingly, on June 3, 2016, the Plaintiff’s Intervenor subrogated for KRW 271,625,950 of the Plaintiff’s principal and interest of loan to the Industrial Bank of Korea under the Credit Guarantee Agreement.

On the other hand, on January 29, 2016, the Plaintiff entered into a sales contract with the Defendant to sell real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant, and completed the registration of ownership transfer with respect to the instant real estate to the Defendant on February 1, 2016.

E. On June 30, 2016, the Plaintiff’s Intervenor received the instant complaint against the Defendant seeking revocation of the fraudulent act and restitution to the original state. The Plaintiff is undergoing the individual rehabilitation procedure upon the commencement order rendered on October 8, 2018 in the individual rehabilitation procedure initiated by the Jung-gu District Court 2017da27124, and the Plaintiff’s supplementary intervenor reported its claim as the rehabilitation claim.

F. Although the instant lawsuit procedure was taken over to the Plaintiff, it did not change the instant creditor’s revocation lawsuit to a lawsuit for denial until the date of closing the argument.

[Reasons for Recognition] We examine the legitimacy of the instant lawsuit ex officio determination of the entire purport of the pleadings and facts without dispute, Gap evidence Nos. 2 and 10 (including additional number), Gap evidence, and the whole purport of the pleading.

A. According to Articles 584, 347(1), and 406 of the Debtor Rehabilitation and Bankruptcy Act, after a decision to commence an individual rehabilitation procedure is rendered, the debtor exercises the right to set aside and the court shall exercise the right to set aside.