A. On January 25, 2008, C Regional Housing Association (hereinafter “Inward Housing Association”) obtained authorization from the head of Dongjak-gu, Seoul and 197, and implemented a new construction and sale project of C Apartment with six units of 582 units (hereinafter “the apartment of this case”).

B. On August 28, 2007, the Plaintiff lost the status of a member of the non-party partnership. Accordingly, the Plaintiff has a claim for refund of KRW 109,248,800 and damages for delay, out of the sales price paid to the non-party partnership as the former member.

(Seoul Central District Court 2012Ga28634, Seoul High Court 2013Na29341, Supreme Court 2013Da71418).

On January 27, 2016, the non-party association entered into a contract to donate the real estate (hereinafter “the instant real estate”) recorded in the separate sheet (hereinafter “the instant gift”) to the Defendant (hereinafter “the instant gift”). On February 3, 2016, the non-party association completed the registration of preservation of ownership in the name of the non-party association as to the instant real estate on the same date, and completed the registration of transfer of ownership (hereinafter “each of the instant real estate transfer”) to the Defendant on the ground of the instant gift as described in Paragraph 2 of the Disposition.

At the time of the donation of this case, the non-party union was in excess of the obligation of the million won, and at the same time, the president of the non-party union was well aware of these circumstances.

【Fact-finding without a dispute over the basis of recognition, Gap evidence 1 through 5 (including provisional number; hereinafter the same shall apply), Eul evidence 1 through 19, the purport of the whole pleadings

2. The assertion and judgment

A. If a debtor donated his/her own property to another person in excess of his/her obligation to determine the cause of the claim, such an act constitutes a fraudulent act unless there are special circumstances (see, e.g., Supreme Court Decision 2005Da28686, May 31, 2007). According to the above facts of recognition, the non-party union is the property of the union, which is the property of the defendant who was well aware of such circumstances while the non-party