The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, the lower court rejected the Defendant’s assertion that C’s expression of intent to waive the extinctive prescription benefit against the Defendant, namely, the expression of intent to waive the statute of limitations, constitutes a fraudulent act by reducing joint collateral against general creditors including the Plaintiff, and that C, which is not sufficient evidence to deem that C, the obligor, has approved the obligation prior to the expiration of the extinctive prescription period of the claim secured by the right to collateral security, and it is difficult to deem C to have implicitly renounced the extinctive prescription benefit, and that C’s expression of intent to continue to bear the obligation with respect to

In light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on the subject of revocation of fraudulent act, contrary to what is alleged in the grounds of appeal.

2. Regarding ground of appeal No. 2

A. In the event of cancelling a mortgage contract as a fraudulent act, if another person acquired ownership and the registration of creation of a neighboring mortgage was cancelled, it is impossible to return the original property. Therefore, if the beneficiary received the dividend due to the termination of the distribution, he/she shall order the beneficiary to return the dividend. If the beneficiary received the dividend due to the termination of the distribution, he/she shall order the beneficiary to return the dividend, and if the beneficiary was not actually paid the dividend due to the provisional disposition prohibiting the creditor from paying the dividend, he/she shall order the transfer

(see, e.g., Supreme Court Decision 2010Da90708, Feb. 10, 2011). Meanwhile, a creditor who appeared on the date of distribution at the real estate auction procedure may raise an objection against other creditors to the extent relating to his/her own interests or to the order of claims.