1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

1. The plaintiff's assertion

A. On September 201, the primary claim Plaintiff lent KRW 25 million to C for the extension of the restaurant to C after the due date for payment of three months.

On the other hand, C is operating the instant restaurant in the name of the Defendant in order to avoid compulsory execution on the property related to the instant restaurant, while C actually operating the “G” on the first floor of the Seoul Gangnam-gu F-gu Seoul (hereinafter “instant restaurant”).

C As such, changing the name of the proprietor of the instant restaurant to the Defendant is an act detrimental to C’s creditors, and thus, it should be revoked as it constitutes a fraudulent act.

In addition, C donated 25 million won to the Defendant the instant restaurant lease deposit, and the said donation contract should also be revoked as it constitutes a fraudulent act.

Therefore, the defendant is obligated to pay to the plaintiff 25 million won and damages for delay due to restitution by fraudulent act.

B. Preliminary Claim C leased the instant restaurant from D and E, and entrusted the name of the lessee under the instant restaurant lease agreement to the Defendant.

In such cases, C, the title truster, may terminate the above title trust agreement and claim the return of the title trust property to the defendant.

Accordingly, the Plaintiff, as a creditor of C, seeks the termination of the above title trust agreement on behalf of C, and seek the Defendant to transfer the right to return the lease deposit of this case, which is a trust property under the name of C, to C, and seek the notification that the lessor transferred the right to return the lease deposit to D and E.

2. Determination

A. In full view of the facts in dispute, Gap evidence Nos. 1 and 2, the defendant leased the instant restaurant from D and E, and the fact that the above restaurant is operated in the name of the defendant, the defendant's father C prepared, on January 23, 2014, a promissory note amounting to KRW 25 million at face value, and the due date on July 30, 2014.