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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The allegations and judgment of the parties
A. On March 22, 2011, the Plaintiff’s summary of the Plaintiff’s assertion was transferred KRW 600 million out of the claims against D from E.
However, D donated 7/10 shares to Defendant B, the wife on November 21, 201, and donated 3/10 shares to Defendant C, the child on July 30, 2012.
Since the act of disposal of D's real estate constitutes a fraudulent act in order to evade the Plaintiff's obligation, the Defendants are obligated to implement the procedure for cancellation of registration of transfer of ownership, such as the purport of the claim.
B. Determination 1) The Defendants asserted that the instant lawsuit filed by the Plaintiff against D was unlawful since they knew of the instant real estate donation act in the course of the Plaintiff’s lawsuit, such as the return of the guaranteed debt, on behalf of D around 2011. However, it is not sufficient to acknowledge that the Plaintiff had been aware of the instant real estate donation act one year prior to the instant lawsuit, and that there is no other evidence to acknowledge it, and this part of the claim is not accepted. 2) First of all, in light of the records in evidence No. 6, as to whether the Plaintiff had the secured claim, namely, the secured claim claimed by D, that is, the Plaintiff’s claim for the amount of KRW 60 million transferred to D, it is insufficient to acknowledge it solely with the statement in evidence No. 1 through 3, which is sufficient to first claim the revocation of the fraudulent act in the event that the creditor claims the revocation of the fraudulent act, but it is not possible to claim the revocation of the former restitution to the original state without the revocation of the fraudulent act.
(See Supreme Court Decision 2007Da69162 Decided December 11, 2008). However, the Plaintiff asserts that the instant act of gift of real estate was a fraudulent act, but the said gift contract was concluded.