1. The instant lawsuit shall be dismissed.

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

1. A contract concluded on June 7, 2016 between B and the Defendant on the instant real estate (hereinafter “instant gift contract”) with the Plaintiff asserted by the Plaintiff constitutes a fraudulent act, and thus, should be revoked. Accordingly, the Defendant is obligated to implement the procedure for registration of cancellation of ownership transfer as stated in the purport of the claim regarding the instant real estate due to the said donation contract (hereinafter “instant transfer of ownership”).

2. The revocation of ex officio judgment on the legitimacy of a lawsuit and restitution are effective for the benefit of all creditors (Article 407 of the Civil Act). Thus, the revocation obligee does not have preferential right to payment to the obligor with respect to the property restored to the obligor by exercising the obligee’s right to revocation, but other creditors may also be paid the amount apportioned in proportion to his/her claim out of the total amount of claims. Other creditors may also be paid in proportion to the amount apportioned from the obligor’s property restored to the joint security of claims through legal procedures

Therefore, only in a case where a creditor claims revocation and restitution of the same fraudulent act and the judgment became final and conclusive by winning a favorable judgment regarding such fraudulent act, the creditor's revocation and restitution claim by another creditor shall be deemed to have no benefit in the protection of rights to the extent that it overlaps.

(See Supreme Court Decisions 99Da6180 Decided July 28, 200, 2001Da49043 Decided October 12, 2001, and Supreme Court Decision 2003Da19558 Decided July 11, 2003, etc.). In full view of the following: (a) review of the instant case; and (b) review of the entire purport of the pleadings (including evidence A (including evidence A (6) submitted on the first date for pleading) on the entry of evidence No. 5, the other creditors against the obligor B against the Defendant by the Cheongju District Court 2017Da1017444.