A. The Plaintiff, on March 14, 2012, extended loans to C, such as lending KRW 30,000,000 to C, etc.

C On December 26, 2012, the Defendant, as the wife, donated the real estate listed in the separate sheet (hereinafter “instant real estate”) which is its sole real estate (hereinafter “instant donation”), and completed the registration of ownership transfer on December 28, 2012.

[Ground for recognition] The fact that there is no dispute (the fact that the real estate in this case is the only real estate C is no dispute between the parties. The defendant submitted a preparatory document containing an assertion to revoke the confession on May 20, 2014, which led to the submission of the said preparatory document on May 20, 2014, and the said preparatory document was made a statement on the 11st day for pleading, but there is no evidence to prove that the confession was contrary to the truth and due to mistake, the above confession revocation is not effective), Gap Nos. 1-3 (including the provisional number), the purport of the entire pleadings.

B. (1) Determination is based on a fraudulent act in relation to the Plaintiff, who is a creditor, to conclude a gift agreement with the Defendant on the instant real estate, the only real estate by which C was liable for a loan to the Plaintiff, and to complete the registration of ownership transfer in the future.

As the Defendant sold the instant real estate to D on March 14, 2013, and completed the registration of ownership transfer on March 15, 2013, there is no dispute between the parties that it was impossible or substantially difficult to return the instant real estate, and thus, the Plaintiff, a creditor, may seek compensation equivalent to the value thereof against the Defendant, the beneficiary, instead of returning the original property.

(See Supreme Court Decision 97Da58316 delivered on May 15, 1998, etc.). Therefore, the donation of this case shall be revoked within the limit of KRW 8,240,000 (the result of appraisal by appraiser E), which is the value of the real estate of this case. The defendant shall be the plaintiff.