1. The plaintiff A's lawsuit shall be dismissed.

2. As to the real estate listed in the separate sheet between the Defendant and D, December 30, 201.

1. Basic facts

A. On September 10, 2010, the Plaintiffs filed a loan lawsuit against D with the Changwon District Court Decision 2009Gau48494, and received the judgment that “D shall pay to Plaintiff B 90,000 won, 2430,000 won, and 20% interest per annum from December 9, 2009 to the date of full payment” (hereinafter “ separate judgment”), and the above judgment became final and conclusive through the appellate court.

B. Meanwhile, on June 21, 1996, D completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”) under its own name, and on December 30, 201, D donated the instant apartment, which is the only property of the Defendant (hereinafter “instant contract”), and completed the registration of ownership transfer with respect to the Defendant’s name on the same day.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The plaintiffs asserting that the contract of this case was a fraudulent act and seek compensation for value as the revocation and restitution thereof. The defendant asserts that the lawsuit of this case was unlawful since one year has passed from the date when the plaintiffs became aware of the grounds for revocation.

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 obligee becomes aware of the cause of revocation", which is the starting point of the exclusion period in the exercise of the obligee's right of revocation, means the date when the obligee becomes aware of the requirement of the obligee's right of revocation, that is, the date when the obligor becomes aware of the fact that the obligee had committed a fraudulent act while being aware of the cause of revocation