1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The registration of ownership transfer was completed on March 15, 2005 with respect to each of the 50/100 shares of the real estate listed in the separate sheet (hereinafter “instant real estate”) and the Defendant and C on March 15, 2005, and the registration of ownership transfer was completed on August 29, 2013 with respect to each of the above 50/10 shares in C as of August 28, 2013 as of August 29, 2013.

B. On August 14, 2014, upon the application of the Korea Housing Finance Corporation entrusted with the business of Korea Housing Finance Corporation, the auction of real estate was commenced with the Incheon District Court B regarding the instant real estate on August 14, 2014 (the owner of the subject matter of auction is the defendant; hereinafter “the subject matter of auction”). On April 8, 2015, the said court drafted a distribution schedule to distribute the surplus of KRW 44,636,812 to the Defendant, the real estate owner, who is the real estate owner.

C. On the other hand, on September 23, 2014, the Plaintiff filed a lawsuit against the Defendant and C for indemnity and for the revocation of fraudulent act as Seoul Central District Court Decision 2014Da5265473, Nov. 18, 2014; and the said court rendered a judgment on November 18, 2014 that “C shall pay to the Plaintiff damages for delay of KRW 30,978,122 and KRW 30,575,342, as to the instant real estate; the Defendant and C’s donation agreement concluded on August 28, 2013 between the Defendant and C; the Defendant revoked the Incheon District Court’s Seocheon District Court’s registration office, Incheon District Court’s enforcement of the procedure for cancellation of ownership transfer registration as of August 29, 2013; and the said judgment became final and conclusive on January 3, 2015.”

(hereinafter the above case is referred to as the "related case" and the above judgment is referred to as the "related case judgment" / [the grounds for recognition] Gap's evidence 1 through 4, and evidence 7, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. In the Plaintiff’s assertion-related case, the gift contract concluded between the Defendant and C on the portion of the instant real estate was revoked, and the Defendant became final and conclusive to C to comply with the procedure for cancellation of ownership transfer registration under the said gift contract, but thereafter.