1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The plaintiff's claim against the defendant C is dismissed.

3...

1. Basic facts

A. On December 15, 2010, the Plaintiff agreed to lend KRW 17,000,000 to Defendant C, and to pay KRW 2,00,000,000 on the second and the 16th day of each month.

B. On October 8, 2012, Defendant C completed the registration of ownership transfer on the ground that each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was donated on the same day to Defendant B.

C. On July 25, 2013, the Defendants remitted KRW 22,000,00 to the Plaintiff’s AFC account.

[Judgment of the court below] The ground for recognition

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant C did not repay the loan obligation as of December 15, 2010, which was borrowed from the Plaintiff, and thus, it must be repaid. As such, the donation of each of the instant real estate to the Defendant B, the sole property of which was owned by the Defendant B with no financial capacity, constitutes a fraudulent act detrimental to the obligee, and thus, the gift contract between the Defendants is revoked, and the Defendant B must perform the procedure for registration cancellation of the ownership transfer registration of each of the instant real estate. (2) The Defendants’ obligation of KRW 17 million as of December 15, 2010 was remitted to the Defendants on December 25, 2013. The Plaintiff did not have a claim against the Defendant C, and thus, the Plaintiff is not a creditor entitled to seek revocation of the gift contract among the Defendants by fraudulent act.

B. According to the facts of the above recognition of the claim against Defendant C, the Defendants paid KRW 22 million to the Plaintiff on July 25, 2013, thereby repaying the Plaintiff’s claim against Defendant C amounting to KRW 17 million on December 15, 2010.

In addition to the claim as of December 15, 2010, the Plaintiff loaned to Defendant C during the period from November 2012 to July 2013, 2013, the Plaintiff paid KRW 15.6 million to Defendant C, and the said KRW 22 million and interest KRW 15.6 million and the vehicle sales sold to Defendant C at the time are KRW 4.5 million.