A. D Co., Ltd. (hereinafter “D”) received loans, respectively, from Busan Bank (hereinafter “ Busan Bank”), from KRW 1.4 billion on December 19, 201, KRW 600 million on December 19, 201, and KRW 1.0 billion on December 30, 201.

(hereinafter collectively, each of the above loan agreements is referred to as "each of the above loan agreements of this case. The plaintiff, C and E on the same day set the guarantee limit of KRW 1.688 billion, KRW 720 million, and KRW 1.2 billion, and joint and several sureties each of the above loan agreements with D to Busan Bank.

B. D lost a benefit due to overdue interest, and on May 24, 2013, the Plaintiff subrogated to the Busan Bank totaling KRW 3,056,214,408 for the principal and interest under each of the instant loan agreements.

C. On October 12, 2012, C entered into a donation agreement (hereinafter “instant donation agreement”) with the Defendant, the spouse, regarding the real estate indicated in the separate sheet (hereinafter “instant real estate”) that is one’s sole property, and completed the registration of ownership transfer for the said real estate to the Defendant on the same day.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 5, and evidence 7 (including each number, if any; hereinafter the same shall apply)

(2) The grounds of appeal No. 1

2. The occurrence of the right to revoke the fraudulent act;

A. According to the above facts, the claim for indemnity against C, a joint and several surety for which the Plaintiff jointly discharged the debt of each of the instant loans, was not yet accrued at the time of October 12, 2012, which is the date of the conclusion of the instant donation contract. However, on December 19, 201 and December 30, 201, prior to the conclusion of the said donation contract, each of the instant loan contracts and the joint and several guarantee contracts for them, which are the legal relations that form the basis for the establishment of the said claim for indemnity, have occurred, and as mentioned later, D, the principal debtor of each of the instant loans contracts, as mentioned above, was at the time of the conclusion of the said donation contract.