The judgment of the court below is reversed.

The judgment of the first instance is revoked, and the lawsuit of this case is dismissed.

The total cost of the lawsuit shall be individually the one.

Judgment ex officio is made.

1. Where multiple creditors have filed a lawsuit seeking revocation of a fraudulent act and restitution at the same time or at different time, these lawsuit does not constitute a double lawsuit, and the same claim raised thereafter does not become a benefit in the protection of rights of other creditors, solely on the ground that the judgment rendered in favor of one creditor has become final and conclusive by demanding revocation of a fraudulent act and restitution of the same fraudulent act.

However, in a case where a creditor has been rendered a favorable judgment and the judgment has become final and conclusive by winning a claim for revocation of and restitution to the same fraudulent act, and where the restoration of property or value has been completed accordingly, the creditor’s claim for revocation and restitution to the original state would have no benefit in the protection of rights to the extent that it overlaps (see, e.g., Supreme Court Decisions 2003Da19558, Jul. 11, 2003; 2007Da84352, Apr. 24, 2008). This is true where a number of creditors filed a lawsuit for revocation of and restitution to the original state after each creditor filed a lawsuit for revocation of a fraudulent act, the bankruptcy of the debtor is declared, and each of the above legal procedures were taken over by the trustee in bankruptcy and changed to the lawsuit for avoidance. The same applies where the judgment becomes final and conclusive by winning a bankruptcy

2. According to the records, the following facts are revealed. A.

On July 19, 2011, the Industrial Bank of Korea, a joint and several surety creditor of the debtor B, is related to the defendant's deletion of dividends against the defendant in the distribution schedule prepared on July 12, 2011 (hereinafter "the distribution schedule of this case") prepared on July 12, 201 for the revocation of fraudulent act and restitution to the original state against the defendant in relation to the mortgage contract of this case, and distribution of the same amount to the Industrial Bank of Korea.