A. A donation contract concluded on November 17, 2016 between the Defendant and Nonparty C is concluded between the Defendant and Nonparty C.

A. On May 22, 2016, the Plaintiff leased KRW 55,000,00 to an agricultural partnership D (hereinafter “foreign corporation”) as of July 22, 2016, upon the due date for reimbursement of KRW 5,000,00, and C guaranteed the above loan obligations against the Plaintiff of the non-party corporation on the same day.

B. On November 17, 2016, C entered into a donation contract (hereinafter “instant donation contract”) with the Defendant, the spouse, on the real estate indicated in the separate sheet (hereinafter “instant real estate”) which is one’s sole property, and completed the registration of ownership transfer on November 21, 201 as to the instant real estate on the ground of the contract.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, and the order of submission of taxation information to the head of the Shipping Authority of this Court, the purport of the whole pleadings

2. Determination:

A. According to the above recognition of the existence of the preserved claim, the Plaintiff’s joint and several surety claim against C was already incurred at the time of entering into the gift contract of this case, and is subject to the obligee’s right of revocation.

B. In addition, it is reasonable to deem that C was aware that the donation of the instant real estate, which is one of its spouse, to the Defendant, was a fraudulent act against the Plaintiff, the obligee, barring special circumstances, and C would not make full repayment to the obligee due to the said donation. As long as C’s act, which is the obligor, constitutes a fraudulent act objectively, the Defendant’s malicious act is presumed to be the beneficiary, unless it constitutes a fraudulent act.

C. The Defendant, first of all, was given the opportunity to secure his claim by creating a security right to the real estate of the non-party corporation at the time of lending the real estate to the non-party corporation, and C is merely a representative director in the form of the non-party corporation and was not well aware of the financial status of the company. Thus, the instant donation contract does not constitute a fraudulent act.