1. The instant lawsuit shall be dismissed.

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

1. The plaintiff, on March 15, 2007, lent KRW 40,00,00 to the non-party C for interest rate of KRW 2%, maturity of payment on March 15, 2008, and delayed damages claim as of March 15, 2008. The plaintiff still remains a claim for 40,000,000, and as of April 17, 2008, each of the real estate listed in the separate sheet (hereinafter "the real estate in this case"), which is the only property in excess of the debt, with the defendant, who is the same party, entered into a sales contract as stated in the purport of the claim (hereinafter "the legal act in this case"). Thus, it is fraudulent to conclude a sales contract with the defendant as to each of the real estate stated in the separate sheet, which is the only property in excess of the debt, and thus, to seek cancellation

The defendant asserts that the lawsuit of revocation of the fraudulent act in this case should be dismissed because the exclusion period should be exceeded, so the lawsuit of revocation of the fraudulent act shall be filed within one year from the date when the creditor becomes aware of the cause for revocation. Considering the whole purport of the entries and arguments in the evidence Nos. 2-2, No. 5, and No. 6 (including the serial number), the non-party C agreed to provide all the property owned by the non-party C as security for the plaintiff's loan claim. On Oct. 25, 2008, C filed an application for commencement of individual rehabilitation with the court 2009Da31529 on Oct. 6, 2009 and received a decision to authorize the repayment plan on May 13, 2010, the plaintiff stated the application for commencement of individual rehabilitation in the list of the real estate in this case as the creditor, and C deposited a certain amount to the plaintiff according to the authorized repayment plan and suspended the payment of the real estate in this case to the creditor's property before the rehabilitation procedure.