1. The instant lawsuit shall be dismissed.

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

We examine the legitimacy of the lawsuit of this case according to the defendant's defense prior to the merits.

1. Factual basis

A. On November 14, 2017, B’s disposal act donated the instant forest land, which is its sole real estate (hereinafter “instant donation”) to the Defendant, who is one’s own wife, and completed the registration of transfer of ownership as stated in B’s claim on November 20, 2017.

B. On June 5, 2018, the Plaintiff filed a lawsuit against the Defendant, the beneficiary, claiming that the instant donation was a fraudulent act, and filed a lawsuit seeking the cancellation of ownership transfer registration as indicated in the purport of the claim, on the grounds of the revocation of the instant donation and its restitution to its original state pursuant to Article 22548 of Suwon District Court Branch Branching 2018Kadan22548, supra, with respect to B, “the claim for the amount of money that became final and conclusive by the Seoul Central District Court Decision 2012Da509164 decided July 6, 2012.”

(2) On December 20, 2017, prior to the filing of the previous lawsuit, the Plaintiff filed a provisional disposition against the Defendant on December 20, 2017, with the Suwon District Court (Seoul District Court Branch Decision 2017Kadan62838, regarding the forest of this case (hereinafter “previous lawsuit”). The Plaintiff filed a provisional disposition against the Defendant to prohibit the disposal of real estate based on the right to be preserved. The said court rendered a provisional disposition that “the Defendant shall not engage in any act, such as sale, gift, etc., of the forest of this case.”

In the process of the previous lawsuit, the Plaintiff received the claim for the amount of the above transfer money from the Defendant, and withdrawn the lawsuit on August 27, 2018, and revoked the execution of the above provisional disposition on August 29, 2018.

C. Following the instant lawsuit, D Co., Ltd. filed a lawsuit against B and four other parties in 2012, the Chuncheon District Court rendered a judgment citing the claim on June 22, 2012.

On October 29, 2013, the Plaintiff acquired from D Co., Ltd. the above claim for reimbursement against B, which became final and conclusive by the above judgment against D Co., Ltd., and D Co., Ltd on December 31, 2013.