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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 21, 201, the Plaintiff lent KRW 20,000,00 to B as of October 21, 2012, the due date for repayment was determined and lent to B. The debt of B as of May 30, 2013 is the principal amount of KRW 20,000,000 and interest KRW 2,581,638.
B. B acquired ownership on May 2, 1997 with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”), one’s sole real estate, and entered into a donation agreement with the Defendant on July 17, 2012 (hereinafter “instant donation agreement”), and completed the registration of ownership transfer to the Defendant as Seoul Eastern District Court No. 42398, Jul. 18, 2012.
C. The Defendant and B confirmed their intention to divorce on September 18, 2012, and completed their divorce on October 8, 2012.
[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, 3, 4, and Eul's 3, and the purport of the whole pleadings.
2. Determination of the parties' arguments
A. The plaintiff in the parties' assertion that Eul's act of donation to the defendant, who is the only real estate of this case, constitutes a fraudulent act by knowing that Eul's act of donation to the defendant, who is the wife, constitutes a fraudulent act, and the defendant's malicious intent is presumed to be a beneficiary. Thus, the contract of this case should be revoked as a fraudulent act. The defendant asserts that Eul is liable to implement the procedure for cancellation registration of transfer of ownership, which is based
In this regard, the defendant only completed the registration in the name of husband B at the time of acquisition, and the defendant was originally acquired at his own effort and cost, and merely restored to his name with the agreement to divorce with B. Thus, the donation contract of this case does not constitute a fraudulent act, and even if the apartment of this case is the public property of the defendant and B, even if the apartment of this case is the public property of the defendant and B, the apartment of this case is donated to the defendant as consolation money and division of property according to divorce with the defendant.