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

Purport of claim and appeal

Judgment of the first instance.

A. On December 17, 2009, A Co., Ltd. (hereinafter “A”) entered into a credit guarantee agreement with the Plaintiff to obtain a loan from the Industrial Bank of Korea, and B, a representative director of A, jointly and severally guaranteed obligations under the said credit guarantee agreement.

B. B, on August 21, 2014, the Defendant, who was a wife, donated one half of the 1,234 square meters of Pyeongtaek-si D Forest land (hereinafter “instant real estate”) to the Defendant (hereinafter “instant donation agreement”), and on August 27, 2014, completed the registration of ownership transfer with the head of Suwon District Court’s receipt of the Songwon District Court’s Song District Court’s receipt of the registration office on the instant real estate.

C. B had no particular property other than the instant real estate at the time of the instant donation contract. On October 13, 2014, consultation with the Defendant was shared.

A caused a guarantee accident due to natural substances on November 13, 2014, and the Plaintiff subrogated for KRW 93,731,178 to the Industrial Bank of Korea on December 23, 2014.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, 9, Eul's 1 or 2, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff asserts that since the plaintiff's assertion that he donated the real estate of this case to the defendant in excess of his obligation constitutes a fraudulent act, the contract of this case should be revoked, and the defendant is obligated to implement the procedure for registration of cancellation of ownership transfer registration of this case with respect to the real estate of this case to the original state.

Accordingly, the defendant asserts that this case's real estate was donated as consolation money at the time of divorce with B, and that this case's donation contract is not a fraudulent act.

B. In the case of divorce of the relevant legal doctrine, division of property is to liquidate and distribute the real common property that the couple had in the marriage, and at the same time to contribute to the maintenance of the other party’s livelihood after divorce, but mental suffering from divorce by the division’s act.