1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff loaned a total of KRW 69,958,00 to C from March 30, 2006 to December 20, 2010.

B. C, among the owners of the instant real estate, entered into a gift agreement on the said real estate to the Defendant, who was the son on October 7, 2010, and completed the instant transfer registration in the future of the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The Defendant’s judgment on this case’s defense was filed at the lapse of five years from October 7, 2010, on which the gift contract was signed, and thus, the Defendant’s defense of this case’s defense that the exclusion period is inappropriate on the ground that it exceeds the exclusion period.

On the other hand, a lawsuit for revocation of a fraudulent act shall be brought within one year from the date on which the obligee becomes aware of the cause for revocation, and within five years from the date of the juristic act (Article 406(2) of the Civil Act). The contract of donation between C and the Defendant claiming that the Plaintiff was a fraudulent act was made on October 7, 2010, and the lawsuit in this case was filed on January 29, 2016, for which five years have passed thereafter, and the limitation period has lapsed. Accordingly, the lawsuit in this case is unlawful.

3. The instant lawsuit is dismissed.