1. The plaintiff's claim is dismissed.

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

1. A summary of the Plaintiff’s assertion: The grounds for the claim are as specified in attached Form;

2. In the instant case where the Plaintiff and the Defendant are “child-child relationship”, the Plaintiff’s assertion should be strictly determined in order to prevent the lower judgment, etc. against a third party.

The Defendant did not change to the effect that the Defendant did not appear in the court without submitting a written answer even after being duly served with the duplicate of the instant complaint.

The reason is that more strongly protecting the rights of other creditors against C, which is less than the original defendant, is also a legitimate duty entrusted to this court.

In principle, a declaration of intention in collusion with the other party is null and void and any person may assert the invalidity thereof (Article 108(1) of the Civil Act). However, with respect to a third party in good faith who is not a party of a false indication and a person other than a general successor and who has a new legal interest on the basis of the legal relationship formed externally by a false indication, not only the party of the false indication but also any person may oppose the invalidation of the false indication (Article 108(2) of the Civil Act). The purport of the Civil Act prohibiting the third party from oppose the false indication is to protect a person who enters into a legal relationship with a third party in good faith with a legal interest inherent in a separate legal cause, and the scope of the third party should be grasped by not only formally based on the legal relationship but also whether the third party has a new legal

(see Supreme Court Decision 2013Da59753, Apr. 10, 2014). Accordingly, the Supreme Court in the above 2013Da59753 case, where the transferee’s creditor, after the transfer of the claim for return of the lease deposit, was issued a seizure and collection order against the claim for return of the lease deposit, and the transfer contract of the lease deposit becomes invalid as a false representation.