1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. Defendant B: KRW 58,457,000 and KRW 42,00,000 among the Plaintiff.

1. We examine, ex officio, whether the lawsuit against Defendant C is lawful or not, which is a lawsuit seeking revocation of a fraudulent act, ex officio, as to the legality of the lawsuit against Defendant C.

On April 24, 2015, the Plaintiff sold the real estate indicated in the separate sheet (hereinafter “instant apartment”) that is the only property to Defendant C, who is the Plaintiff, in excess of his/her obligation. Since the above sales contract constitutes a fraudulent act, the Plaintiff cancelled the above sales contract and sought monetary payment within the scope of the preserved claim.

Any lawsuit for revocation by a creditor shall be brought within one year from the time when the creditor becomes aware of the cause for revocation, and since the period for exercising the right of revocation is the period for filing a lawsuit, the court shall ex officio investigate whether such period is observed, and dismiss the lawsuit for revocation by a creditor which has been brought after the said

(see, e.g., Supreme Court Decisions 200Da44348, Feb. 27, 2001; 2013Da66485, Jan. 29, 2014). “The date when a creditor becomes aware of the cause for revocation” refers to the time when the creditor becomes aware of the fact that the debtor performed a juristic act while being aware of that it would prejudice the creditor.

Unless there are special circumstances, changing the sale of real estate, which is the only property of the debtor, into money that can be consumed by the debtor, is a fraudulent act. In this case, it is presumed that the debtor's will exists. If the debtor sells real estate, which is the only property, and if the creditor knows that there is no particular property other than the real estate, the creditor becomes aware of the fact that the debtor knowingly committed a fraudulent act.

(see, e.g., Supreme Court Decisions 99Da2515, Apr. 9, 199; 97Da51537, Mar. 10, 1998; etc.). In addition to the overall purport of the pleadings in each description of evidence Nos. 3 through 5, the Plaintiff shall be supported by the Suwon District Court with respect to Defendant C around the end of December 2015.