1. The instant lawsuit shall be dismissed.

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

The Plaintiff asserted that the contract to establish a right to lease on a deposit basis concluded on June 1, 2018 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) between the Defendant and the D Co., Ltd. (hereinafter “instant real estate”) was a fraudulent act, and sought a cancellation of the instant lease contract and cancellation of the registration of the right to lease on a deposit basis as to the instant real estate.

In the exercise of the obligee's right of revocation, "the date when the obligee becomes aware of the grounds for revocation" means the date when the obligee becomes aware of the requirements for the obligee's right of revocation, that is, the date when the obligee becomes aware of the fact that the obligor had committed a fraudulent act with the knowledge that it would prejudice the obligee. In order to say that the obligee was aware of the grounds for revocation, it is insufficient to say that the obligor merely knew of the fact that the obligee conducted a disposal of the property, and it is also necessary to know that the obligee had known of the existence of a specific fraudulent act and, furthermore, the obligee did not need to know of the fact that the obligee had the intent to know of the existence

(See Supreme Court Decision 2004Da17535 Decided June 9, 2005, etc.). According to the overall purport of the statements and arguments in accordance with the above legal principles as seen earlier, the Plaintiff filed against the Defendant on November 21, 2018 the claim against the Defendant for cancellation of the right to claim for cancellation of the right to lease on a deposit basis due to fraudulent act as the right to be preserved, and thus, it is reasonable to deem that the Plaintiff was aware of the grounds for cancellation of the lease on a deposit basis at least around that time.

Therefore, the instant lawsuit was filed after the lapse of one year from November 21, 2018, when the Plaintiff was aware of the cause for revocation, and the instant lawsuit was filed after the lapse of the exclusion period under Article 406(2) of the Civil Act, since it was filed on May 7, 2020.

If so,