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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the legitimacy of the instant lawsuit is that the Plaintiff had a claim for payment (hereinafter “instant claim”) of KRW 98,385,250 from July 5, 2010 to October 11, 2010, and that the Plaintiff donated the instant shares to the Defendant on October 23, 2013 (hereinafter “instant legal act”) under the status of excess by C. Thus, the Plaintiff’s revocation of the instant legal act within the scope stated in the purport of the claim, and seek the transfer of shares by restitution.
In this regard, the defendant's defense of this case that the lawsuit of revocation of the fraudulent act of this case should be dismissed by excluding the exclusion period.
In light of the following facts and circumstances, it is reasonable to consider that the Plaintiff filed a fraudulent complaint against C in the form of fraud at the time of the instant legal act and the police investigation on October 18, 2015, at the time when C and C were investigated into a large scale of time, and it is apparent that C had the intent to commit harm to C only on August 3, 2017, and that the instant lawsuit was filed only on August 3, 2017, since it is clearly stated in the record that the instant lawsuit was filed only on August 3, 2017, the period of exclusion has expired.
① Nonparty Company owns a 6-story F building located in Gangnam-gu Seoul Metropolitan Government E (hereinafter “instant building”).
② The Plaintiff supplied food materials to the cover sheet operated by C, and suspended the transaction upon the settlement of the outstanding amount in around 2008, but began to supply food materials to the cover sheet operated by C from July 5, 2010.
③ Until May 31, 2012, the Plaintiff owned the outstanding amount equivalent to KRW 77,408,140 against C.
C From October 25, 2011, from H, he operated a cover sheet for H, and the Plaintiff from that time to that time.