1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. B completed the registration of ownership transfer on the same date on October 17, 2016 for the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant donation agreement”) by reason of C’s donation from October 17, 2016 (hereinafter “instant donation agreement”).

B. The Plaintiff, a creditor of B, filed a lawsuit seeking revocation of the gift agreement of this case against C and compensation for equivalent value (this court 2017Gahap25068). Moreover, on August 21, 2017, the Plaintiff filed a lawsuit seeking revocation of the gift agreement of this case against C, and completed the provisional disposition prohibiting the disposal of the instant real estate as the right to claim restitution due to revocation of the fraudulent act by this court 2017Kadan12259.

On October 11, 2018, the first instance court rendered a judgment in favor of the Plaintiff that revoked the instant donation agreement within the limit of KRW 432 million and that C shall pay to the Plaintiff 432 million and 5% interest per annum from the day following the day on which the judgment was final and conclusive to the day of full payment.

C. On September 8, 2017, the Defendant, as a creditor against B, completed the provisional attachment of the claim amounting to KRW 400 million (this court 2017Gahap332) on the instant real estate by making the claim of restitution due to the revocation of the fraudulent act as a preserved right under this court’s 2017Kahap289, and completed the provisional attachment on October 17, 2017, by making the claim of restitution due to the revocation of the fraudulent act as a preserved right.

On August 16, 2018, the Defendant filed a lawsuit against C seeking revocation and compensation for value on the ground that the instant gift agreement was a fraudulent act (this court 2017Gahap1697) and was sentenced to the revocation of the instant gift agreement and the revocation of the instant gift agreement and the revocation of the said agreement and the revocation of the judgment that C shall pay the Defendant KRW 432 million and damages for delay.

On September 6, 2017 and May 15, 2018, the date of voluntary commencement of auction (this court) at the request of the Ulsan Saemaul Depository, among the persons holding a right to collateral security on the instant real estate, 306,787,045 won, and 306,787,045 won, and 2.