1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 7, 2001, the Plaintiff lent KRW 20 million to E Co., Ltd. (hereinafter “Nonindicted Company”) as of June 20, 2001. D jointly and severally guaranteed this, and the Plaintiff, Nonparty Co., Ltd., and D drafted a notarial deed of a monetary loan for consumption.

B. On November 8, 2011, D entered into a sales contract for the instant apartment between Defendant C, and Defendant C completed the registration of ownership transfer for the instant apartment on the same day.

C. On December 7, 2012, Defendant C entered into a sales contract on the instant apartment between Defendant B and Defendant B, and Defendant B completed the registration of ownership transfer on December 31, 2012.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) The sales contract for the instant apartment between the Plaintiff C and D constitutes a fraudulent act detrimental to the Plaintiff’s claim against D. Since D did not raise any objection despite having received the seizure and collection order regarding the Plaintiff’s deposit claim, D renounced the benefit of extinctive prescription. Therefore, the Defendants are obliged to implement the procedure for registration of cancellation of ownership transfer registration for the instant apartment due to restitution of fraudulent act to the original state. 2) The Defendants’ claim against D against the Defendants expired the five-year prescription period with commercial claim, and the lawsuit for cancellation of the instant fraudulent act does not exist.

B. 1) On November 25, 2010, the Plaintiff received the order of seizure and collection as to the deposit claim against D’s financial institution based on the Notarial Deed as the claim amounting to KRW 67,178,082, as seen earlier. The Plaintiff was served on D on December 22, 2010, with the above order of seizure and collection, according to the above order of seizure and collection. (ii) The Plaintiff was served on D on December 22, 2010.