1. The instant lawsuit shall be dismissed.

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

1. Factual basis

A. On December 16, 2014, the Plaintiff filed a loan lawsuit against D as Busan District Court Decision 2014Da33587, and was sentenced to a favorable judgment on KRW 376,366,832 from the above court and KRW 120,243,681 among them. The above judgment became final and conclusive on January 15, 2015.

B. D entered into a pre-sale agreement with E, the former wife for sale and purchase of the real estate listed in the separate sheet owned by D (hereinafter “instant real estate”) and completed the registration of transfer of ownership on May 27, 2015, and completed the registration of transfer of ownership on December 26, 2016 due to the purchase and sale agreement dated May 24, 2016.

E, on January 2, 2017, on the said real estate, Defendant B completed the registration of ownership transfer based on the sale on December 30, 2016, and Defendant B completed the registration of ownership transfer on January 11, 2017, the registration of creation of a neighboring maximum debt amount of KRW 100 million in the future of Defendant C.

C. On November 1, 2016, the Plaintiff filed a lawsuit for revocation of fraudulent act against E with Busan District Court Decision 2016Da349651, and the said court revoked the above reservation and sales contract for the instant real estate concluded between E and D within the limit of KRW 120,00,000, and ordered the Plaintiff to pay the Plaintiff the amount calculated at the rate of KRW 120,000 and KRW 5% per annum from the day following the date of confirmation to the day of full payment.

E filed an appeal in the above judgment and continued the appellate court as Busan District Court 2017Na54074.

[Reasons for Recognition] Facts without dispute, Gap evidence No. 1 to Gap evidence No. 5, the purport of the whole pleadings

2. The plaintiff's assertion is that the sales and purchase contract for the instant real estate entered into between D and E are fraudulent acts, and thus, the plaintiff's assertion is revoked, and since the defendant C, who completed the registration of the establishment of a mortgage after the registration of the ownership transfer, was a bad faith purchaser, the above registration of the transfer and the cancellation of the registration of the establishment of a neighboring mortgage.