1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. From March 17, 2016 to June 17, 2016, the Plaintiff entered into a contract for automobile facility leasing (lease) with F Co., Ltd. (hereinafter “Nonindicted Company”). D, the representative director of the Nonparty Company, jointly and severally guaranteed the obligation to pay the lease amount, etc. under the said contract.

B. Since then, the Plaintiff did not fulfill its obligation to pay the lease price, etc. under the above contract, the Plaintiff terminated the above automobile leasing contract on March 28, 2017, and the amount of obligations, such as the lease price, borne by the Nonparty Company and D against the Plaintiff as of April 19, 2017, is KRW 53,641,745.

C. D, on November 8, 2012, acquired and owned shares 5293/754425, among E forest land 2,822 square meters in Namyang-si, Namyang-si (hereinafter “instant real estate share”), and transferred the said shares to the Defendant on March 7, 2017 by concluding a real estate exchange contract with the Defendant on March 6, 2017.

On April 4, 2017, D completed the registration of creation of a mortgage on the instant real estate share amounting to KRW 50,000,000 with respect to the instant real estate share, and G, G, a mortgagee, company with a right to collateral security.

As D’s creditor, the Plaintiff revoked the exchange agreement concluded between the Defendant and D on March 6, 2017 with respect to the share in the instant real estate as of March 6, 2017. The Defendant filed a lawsuit seeking revocation of a fraudulent act with the purport that “The procedure for registration of cancellation of ownership transfer registration completed as of March 7, 2017 by receipt No. 19225,” with respect to the share in the instant real estate, against the Defendant. The said court rendered a judgment identical with the purport of the above claim on May 18, 2018, and the said judgment became final and conclusive as of June 5, 2018.

(hereinafter referred to as “final judgment in a prior suit”). [Grounds for recognition] The fact that there is no dispute, entry of evidence A(1) through (8) and the purport of the whole pleadings.

2. Determination as to the legitimacy of the instant lawsuit

A. The plaintiff's assertion is about the share of the real estate of this case.