1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

The Plaintiff asserts that the purchase and sale reservation of the instant real estate (hereinafter “instant purchase reservation”) between the Defendant and C on July 23, 2016 between the Defendant and C should be revoked as it is a fraudulent act, and accordingly, sought the implementation of the procedure for the cancellation registration of the provisional registration of the right to claim ownership transfer registration pursuant to the said purchase and sale reservation (hereinafter “instant provisional registration”).

However, in case where the creditor filed a lawsuit against the beneficiary seeking cancellation of the fraudulent act and restitution, and the creditor has returned to the debtor the property for which the cancellation of the fraudulent act was sought during the course of the lawsuit, barring special circumstances, the creditor's revocation lawsuit has already been realized and has no longer the benefit of protecting the rights by the lawsuit.

(see Supreme Court Decision 2007Da85157, Mar. 27, 2008). According to the health team and the purport of the entire pleadings with respect to the instant case, the instant provisional registration was revoked on April 28, 2017 due to the revocation of April 27, 2017, and thus, the Plaintiff’s property seeking return upon the revocation of the fraudulent act was already returned to C, the debtor.

Therefore, the creditor's revocation suit of this case has already been realized and there is no interest in the protection of rights to be secured by the suit.

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it. It is so decided as per Disposition.