1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On February 20, 2013, and March 5, 2013, 2013, OMAE Co., Ltd. (hereinafter “EMA”) transferred to the Defendant a claim against the ELDPPS Co., Ltd. (hereinafter “ELDP”) of each non-party company, and notified the Defendant of the fact.

B. On May 3, 2013, the Plaintiff, a creditor of the non-party company, asserted that the assignment of the above assignment of claims against the Defendant was a fraudulent act, and filed a lawsuit seeking revocation of the fraudulent act by Suwon District Court 2013dan2088810.

C. On July 15, 2013, the Defendants transferred the above claim that was transferred from the non-party company to the non-party company, and notified the non-party company of this fact.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 6 evidence (including paper numbers), the purport of the whole pleadings

2. In a case where the creditor filed a lawsuit against the beneficiary seeking cancellation or restitution of the fraudulent act on the ground of the debtor's fraudulent act on the ground of the debtor's fraudulent act, and the creditor has already rescinded or terminated the fraudulent act and returned to the debtor by punishing the property for which return was sought by the revocation of the fraudulent act, barring any special circumstances, the creditor's revocation lawsuit already became effective and has no longer the benefit of protecting the rights by the lawsuit (see, e.g., Supreme Court Decision 2007Da85157, Mar. 27, 2008). As seen earlier, the defendant's claim against the ELDP, which is the property for which the plaintiff sought cancellation and return to the non-party company by seeking restitution is transferred to the non-party company. Therefore, the purpose of the lawsuit in this case has already been realized and there is no benefit of protecting the rights.

3. Therefore, we decide to dismiss the plaintiff's claim as per Disposition.