1. The plaintiff's claim against the defendants is dismissed.

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

1. Determination as to the legitimacy of the amendment to the claim

A. The Plaintiff’s change of claim and the Defendant’s objection filed a lawsuit seeking payment of the agreed amount against the original D (hereinafter “the deceased”). However, as a result of the death of January 13, 2017 while the lawsuit was pending, the Defendants, the deceased’s children, taken over the deceased.

After that, the Defendants were adjudicated to waive inheritance on February 7, 2017, and claimed to waive inheritance through a preparatory document as of June 13, 2017, the Defendant filed an application for change of the purport of the claim and the cause of the claim as of May 23, 2018 with the content that “the deceased disposes of the real estate owned by him/her, and then donated the Defendants with KRW 60 million on October 29, 2016, and KRW 340 million on November 21, 2016, respectively. Since the said money is the only property of the deceased, the said donation constitutes fraudulent act, and the Plaintiff’s claim against the deceased as the right to preserve the agreed amount, thereby seeking payment of KRW 200 million due to the cancellation and restitution of the said donation.”

As to this, the Defendants raised an objection that the Plaintiff did not meet the requirements for modification of the claim due to the lack of the identity of the basis of the claim.

B. While the Plaintiff’s existing claim was seeking the payment of the agreed amount against the Defendants who taken over the deceased, the Plaintiff’s claim seeking the change is seeking the payment of the said agreed amount due to the cancellation of the said gift contract and the restoration to its original state on the ground that the said contract was a fraudulent act.

However, the creditor's right of revocation takes effect for the benefit of all creditors by cancelling the act of disposal where the joint security falls short of the joint security due to the debtor's act of disposal of property. Accordingly, the lawsuit of revocation of fraudulent act is combined with the lawsuit of formation and performance, and when compared with the plaintiff's claim before the alteration, the form and structure of the lawsuit is not