1. The instant lawsuit shall be dismissed.

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

1. The Defendant’s judgment on the main defense of this case’s defense is unlawful, deeming the instant lawsuit to have been filed after the limitation period expired.

In order for a creditor to exercise the right of revocation against a subsequent purchaser pursuant to Article 406(1) of the Civil Act, a creditor shall file a claim against a subsequent purchaser by means of filing a lawsuit with a court, not an assertion of the method of attack in the lawsuit, within the period stipulated in Article 406(2) of the Civil Act, for the revocation of a fraudulent act between the debtor and the beneficiary. Even if the creditor has already filed a lawsuit against the beneficiary seeking the revocation of a fraudulent act and has been declared a judgment to revoke a legal act between the debtor and the beneficiary, the judgment cannot be effective against the subsequent purchaser, not the defendant, and the subsequent purchaser. Therefore, in order for the creditor to seek restitution from the subsequent purchaser by exercising the right of revocation against the subsequent purchaser, the creditor should not file a claim to revoke the fraudulent act between the debtor

The "date when the creditor becomes aware of the cause of revocation", which is the starting point of the exclusion period in Paragraph 2 of Article 406 of the Civil Code, means the date when the creditor becomes aware of the requirement of the creditor's right of revocation, that is, the date when the debtor becomes aware of the fact that

(Supreme Court Decision 2004Da17535 Decided June 9, 2005). In light of the above legal principles, the Plaintiff filed an application against the beneficiary B for a provisional injunction against disposal of real estate on October 25, 2016 by providing the beneficiary B with the right to claim restitution based on the revocation of fraudulent act as the preserved right, and both the building management register attached to the application and the copy of the register of aggregate buildings issued on October 17, 2016.