2. The costs of lawsuit shall be borne by the Plaintiff.

A. On January 27, 2003, the Plaintiff entered into a credit guarantee contract with B and the guarantee amount of 30 million won as well as 1 year from the date of the loan. On the same day, B borrowed 30 million won from the National Agricultural Cooperative Federation Seocheon-gun Branch as collateral.

B. B did not repay the above loan obligations, the Plaintiff subrogated for KRW 21,322,044 at the National Agricultural Cooperative Federation Ycheon-gun Branch on August 21, 2013.

C. Meanwhile, on June 21, 2012, B entered into a donation contract (hereinafter “instant donation contract”) with the Defendant, who was aware of as one’s own, on the part of June 21, 2012, on the real estate stated in the purport of the claim (hereinafter “instant real estate”) and completed the registration of ownership transfer on the 22th of the same month.

[Reasons for Recognition: Facts without dispute, Gap 1, 4 (including paper numbers), the purport of the whole pleadings]

2. Judgment on the plaintiff's assertion

A. The Plaintiff asserted that B had a prior right to indemnity under the said credit guarantee contract, and concluded the instant donation contract with B under the status of excess of debt.

Therefore, the donation contract of this case should be revoked by fraudulent act detrimental to the plaintiff, who is the creditor, and the defendant, the beneficiary, has the duty to cancel the registration of transfer of ownership, such as the entries in the claim, to B.

B. (1) Determination is required that a claim protected by the obligee’s right of revocation was, in principle, arising prior to the commission of an act that can be deemed a fraudulent act. However, there is a high probability that at the time of a fraudulent act, there has already been a legal relationship that serves as the basis for the establishment of a claim, and that the claim has been established in the near future by virtue of such legal relationship, and 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

However, the creditor's right of revocation is recognized for the claim that occurred after the debtor's disposal of property.