1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On September 30, 2009, the Plaintiff entered into a credit guarantee agreement with a UAS company (hereinafter “NAS”), and the UAS was granted a loan from an enterprise bank under the said credit guarantee agreement, but caused a credit guarantee accident on March 13, 2012, and the Plaintiff subrogated for KRW 1,434,937,910 at the request of the enterprise bank on June 19, 2013.

B. B on September 30, 2009, on the part of the Plaintiff, jointly and severally guaranteed the obligation of the Plaintiff for the precision under the above credit guarantee agreement.

C. Meanwhile, B entered into a mortgage agreement with the Defendant on May 7, 2012 (hereinafter “instant agreement”) with respect to the instant shares, and entered into a mortgage agreement with the Defendant on May 10, 2012, on May 10, 2012, the registration of the establishment of a neighboring establishment in the Defendant’s name (hereinafter “instant registration”).

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. The plaintiff asserts that the contract of this case was a fraudulent act, and that the cancellation and restitution of the registration of this case were sought, the defendant asserts that the lawsuit of this case was unlawful since one year has elapsed from the date when the plaintiff became aware of the grounds for cancellation.

The main text of Article 406(1) of the Civil Act provides that “if an obligor has performed a juristic act aiming at a property right with the knowledge that it would prejudice the obligee, the obligee may apply to the court for its revocation and restitution.” Article 406(2) provides that “The action under the preceding paragraph shall be brought within one year from the date when the obligee becomes aware of the cause for revocation and five years from the date when the juristic act

In addition, the "date when the creditor becomes aware of the cause of revocation", which is the starting point of the exclusion period in the exercise of the creditor's right of revocation, becomes aware of the fact that the creditor knowingly committed a fraudulent act.