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

A. The Plaintiff supplied building materials, etc. to D Co., Ltd. (hereinafter “D Co., Ltd.”), and C agreed to pay 61,127,700 won to the Plaintiff as the actual manager of the said company.

The Plaintiff filed a lawsuit against C with Daejeon District Court No. 2015Kadan39743, and the above court rendered a judgment on January 20, 2016 that “C shall pay to the Plaintiff 61,127,700 won and 15% interest per annum from November 13, 2015 to the date of full payment,” and the above judgment became final and conclusive.

B. On July 13, 2015, C completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) to the Defendant on July 10, 2015, based on the donation on July 10, 2015 (hereinafter “instant donation”) as to the real estate listed in the separate sheet (hereinafter “instant real estate”).

C. At the time of the instant donation, C did not possess active property other than the instant real estate, and was in excess of debt.

[Ground of recognition] The fact that there is no dispute, entry of Gap's evidence 1 or Gap's evidence 3 (including a branch number), the purport of whole pleadings

2. Determination

A. The plaintiff asserted that C donated the real estate of this case, the only real estate in excess of the obligation, to the defendant. The gift of this case constitutes a fraudulent act, and thus, the gift of this case should be revoked, and the defendant is obligated to implement C with the procedure of cancellation registration of transfer of ownership of this case.

On the other hand, the defendant asserts that the gift of this case does not constitute a fraudulent act, since the real estate of this case was donated under the pretext of division of property and consolation money by agreement around July 2015.

B. Division of property following the divorce by judgment is between the parties during marriage.