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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination on the defense prior to the merits
A. The Defendant’s defense prior to the merits against the Plaintiff et al. filed a lawsuit against the Plaintiff et al. on March 2013, 2013 for removal of a building. However, the Plaintiff was well aware that the real estate stated in the attached list was transferred to the Plaintiff, and that it was well known that it was transferred to the Defendant at that time. The instant lawsuit filed at a much more than one year thereafter was subject to exclusion period.
B. Determination 1) In the exercise of the creditor's right of revocation, the "date when the creditor becomes aware of the cause for revocation" means the date when the creditor becomes aware of the requirements for the creditor's right of revocation, i.e., the date when the creditor becomes aware of the fact that the debtor committed a fraudulent act with the knowledge that the creditor would prejudice the creditor. Thus, it is insufficient to say that the debtor merely becomes aware of the fact that the debtor conducted a disposal act of the property, and that the juristic act is an act detrimental to the creditor, it is not sufficient to fully satisfy the claim due to the lack of joint security of the claim or lack of joint security, and further, it is necessary to inform the debtor of the fact that the debtor had an intent to harm the creditor. Furthermore, it cannot be presumed that the creditor was aware of the objective fact of the fraudulent act, and the burden of proof as to the expiration of the exclusion period is against the party to the creditor's revocation lawsuit (Supreme Court Decision 2013Da5855 Decided April 26, 2013).
2. Judgment on the merits
A. The revocation of a fraudulent act as to the cause of the claim can only be claimed by means of filing a lawsuit with the court, and cannot be asserted by means of an attack and defense in the lawsuit (see Supreme Court Decision 95Da4859, 48605, Mar. 13, 1998);