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

A. The Plaintiff filed a lawsuit for the return of the deposit for lease on a deposit basis with Busan District Court 2012Gahap126444 and was sentenced to winning the judgment. Accordingly, upon appeal by C, the said decision became final and conclusive around that time after receiving a ruling of recommending reconciliation that “C shall pay the Plaintiff KRW 180,000,000 until April 3, 2014, and if C fails to pay the said amount until the date, it shall pay the Plaintiff KRW 180,000,000,000 per annum from April 4, 2014 to the date of full payment.”

B. At the time of November 25, 2013, the Defendant concluded a donation contract with the Defendant, who was the husband, on each real estate indicated in the separate sheet, and completed the registration of ownership transfer based on the said donation contract.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff asserts that C’s disposal of each of the instant real estate constitutes a fraudulent act causing the shortage or loss of security against creditors including the Plaintiff, etc., and that C’s registration procedure for cancellation of the registration procedure for transfer of ownership in the name of the Defendant should be implemented due to restitution to its original state. 2) Even if each of the instant disposal acts does not constitute a fraudulent act, the said disposal act constitutes a juristic act contrary to social order for the evasion of liability or a false declaration of conspiracy, and thus, the Plaintiff seeks implementation of the registration procedure for cancellation against C by subrogation

B. The Defendant asserts that the disposal of each of the instant real estate by C does not constitute a fraudulent act, since C did not have any positive property in excess of his/her debt, at the time of disposing of each of the instant real estate.

3. Determination

A. Article 406 of the Civil Act provides for determination of the assertion of fraudulent act.