1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The plaintiff's claim against the defendant C is dismissed.

3...

1. Basic facts

A. The Defendants are married with each other, and Defendant B is the same with each other, and the Plaintiff is between D and the middle school at the time of birth.

B. Each real estate listed in the separate sheet (hereinafter “instant real estate”) was originally owned by the network E, but inherited on October 18, 2007, Defendant B, and D, a child of which was succeeded.

C. On February 13, 2009, Defendant B entered into a sales contract with D on 2/9 of the share of D among the instant real property (hereinafter “instant co-ownership”), and made a provisional disposition registration as to the instant co-ownership on October 19, 2009 with the right to claim for ownership transfer registration as the right to be preserved.

On April 4, 2011, Defendant C concluded a superficies contract with D, which is a co-owner of the instant real estate, on the instant real estate, and made a registration of creation of superficies in the name of Defendant C on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 14, the purport of the whole pleadings

2. Determination as to Defendant B’s main defense

A. The Plaintiff asserted that the sales contract concluded between D and Defendant B on the instant co-ownership share without receiving the actual purchase price, and that it constitutes a fraudulent act detrimental to the Plaintiff, and accordingly, Defendant B asserted that the instant lawsuit is unlawful by even setting the exclusion period.

B. The lawsuit for revocation of a fraudulent act shall be filed within one year from the date the creditor becomes aware of the existence of a fraudulent act (Article 406(2) of the Civil Act). As seen earlier, Defendant B made a provisional disposition registration as to the co-ownership of this case on October 19, 2009 by setting the right to claim the registration of transfer of ownership under the sales contract of this case as the right to be preserved. In full view of the statements in evidence No. 1-2, No. 1-2, No. 2, No. 4, No. 11, and No. 14, and No. 14, and the purport of the entire pleadings in witness D’s testimony, the Plaintiff’s assertion on May 28, 2010.