A. A donation contract concluded on December 22, 2016 between the Defendant and B.

A. The Plaintiff’s credit claim B against the Plaintiff was admitted to the Plaintiff’s credit card member on November 7, 2012 and became liable for the credit card payment amounting to KRW 27,712,750 as of June 16, 2017 by using the credit card from around that time.

B. On December 22, 2016, B’s disposal act entered into a contract with the Defendant, who is the father, to donate real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant (hereinafter “instant donation contract”), and accordingly, the Busan District Court’s Busan District Court’s registration office on December 26, 2016, completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) on December 26, 2016.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-7, the purport of the whole pleadings

2. Determination

A. Whether a preserved claim is established or not, in principle, a claim protected by the obligee’s right of revocation is required to be created prior to the occurrence of an act that can be viewed as a fraudulent act. However, there exists a legal relationship that has already been based on which the claim has been established at the time of the fraudulent act, and there is high probability that the claim should be established in the near future by such legal relationship. In the near future, where a claim has been created due to its realization in the near future, such claim may also become a preserved claim

(See Supreme Court Decision 200Da64038 Decided November 26, 2002). According to the above facts, it was highly probable that B used the Plaintiff’s credit card prior to the instant donation agreement with the Plaintiff, and the Plaintiff’s credit card payment claim was partially established by using the Plaintiff’s credit card, as well as the credit card payment claim arising therefrom had already been generated, and the credit card payment claim arising therefrom had already been established as a basis for the establishment of the claim, and it was established in the near future.