1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

1. Basic facts

A. On September 6, 2016, the Plaintiff’s Intervenor entered into a credit guarantee agreement with the Plaintiff Company D (hereinafter “D”) on the coverage amount of KRW 202,50,000,000 and September 5, 2017. D obtained a loan of KRW 225,00,000 from the E bank as collateral.

The Plaintiff jointly and severally guaranteed the obligation that D bears to the Plaintiff’s Intervenor pursuant to the aforementioned credit guarantee agreement.

B. A credit guarantee accident occurred due to D’s failure to repay its loan obligations. On November 14, 2017, the Plaintiff’s Intervenor subrogated to the E Bank KRW 205,404,898 in accordance with the said credit guarantee agreement.

C. On July 4, 2017, the Plaintiff entered into a sales contract with the Defendant to sell real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant, and completed the registration of ownership transfer of the instant real estate to the Defendant on July 7, 2017.

Plaintiff

On March 14, 2018, the Intervenor received the instant complaint against the Defendant seeking revocation of the fraudulent act and restitution to the original state, and the Plaintiff is undergoing rehabilitation proceedings upon the order of commencement on July 3, 2018 in the individual rehabilitation procedure initiated by this Court 2017 Session 21923, and the Plaintiff’s Intervenor reported his claim as rehabilitation claim. The instant litigation procedure was taken over to the Plaintiff, but the Plaintiff did not change the instant creditor’s revocation lawsuit to the lawsuit of denial until the date of closing the argument.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. We examine ex officio the legality of the instant lawsuit.

According to Articles 584, 347(1) and 406 of the Debtor Rehabilitation and Bankruptcy Act, after a decision to commence an individual rehabilitation procedure is rendered, the debtor may exercise the avoidance power and the court may order the debtor to exercise the avoidance power, at the request of the creditor or rehabilitation commissioner or ex officio.