The Plaintiff agreed to receive KRW 40 million from C on March 6, 2012, thereby holding a claim for the agreed amount as agreed to receive KRW 40 million.

B. C, on April 23, 2014, on each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”), completed the registration of ownership transfer by the Daegu District Court racing-Support No. 25203, May 2, 2014, which is the husband of the Defendant, on the ground of donation on April 23, 2014.

C. Each of the instant real estate was the only real estate owned by C around April 23, 2014.

2. In the absence of special circumstances, an obligor’s gratuitous donation of real estate, the sole property of which is his/her own property, to another person, becomes a fraudulent act against a creditor (see, e.g., Supreme Court Decision 2003Da60891, Oct. 14, 2005). If such donation constitutes a fraudulent act objectively, the beneficiary’s bad faith is presumed to have been presumed to have been committed. Thus, unless the beneficiary proves that he/she was bona fide at the time of the donation, the obligee may cancel the donation and claim restitution for its original status

(See Supreme Court Decision 2006Da5710 Decided April 14, 2006). According to the above facts, the donation of each of the instant real estate to the Defendant on April 23, 2014, when C bears an obligation to pay an agreed amount to the Plaintiff, barring any special circumstance, constitutes a fraudulent act, and thus, should be revoked. The Defendant is obligated to implement the procedure for registration cancellation of ownership transfer registration for each of the instant real estate, as restitution, to C.

3. Judgment on the defendant's assertion

A. The summary of the Defendant’s assertion on the cancellation of title trust each of the instant claims.