beta
Text
1. A donation contract concluded on February 18, 2016 with regard to the real estate stated in the separate sheet concluded between the Defendant and B.
Reasons
1. Facts of recognition;
A. A. A joint and several guarantee agreement and the Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) with the content that guarantees the performance of each of the obligations of the Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) as indicated in the following table, and B jointly and severally guaranteed the obligations of Nonparty Co., Ltd. for the Plaintiff according to each of the instant credit guarantee agreements.
D E EF
B. After the occurrence of a credit guarantee accident and the Plaintiff’s subrogation (1) due to the credit guarantee accident of the non-party company on April 8, 2016, the Plaintiff paid KRW 359,125,442 to the Industrial Bank of Korea on August 1, 2016, and KRW 166,904,352 on August 1, 2016, and recovered KRW 470,730 from the non-party company. (2) The Plaintiff filed a lawsuit against B seeking reimbursement under the Busan District Court Branch Branch Decision 2016Da212939, Nov. 30, 2016; and the said court rendered a judgment ordering B to pay the Plaintiff KRW 528,474,443, and delay damages. The said judgment became final and conclusive on December 23, 2016.
C. On February 18, 2016, B entered into a donation contract (hereinafter “instant donation contract”) with the Defendant, the spouse, on the attached list (hereinafter “instant real estate”). On the same day, B completed the registration of ownership transfer for the instant real estate based on the Defendant’s future donation.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings
2. Determination
A. Although the existence of the preserved claim may be protected by the obligee’s right of revocation, in principle, it is required that an act that can be viewed as a fraudulent act occurred prior to the commission of the act, there is a high probability that the legal relationship, which is the basis of the establishment of the claim, has already occurred at the time of the fraudulent act, and that the claim should be established in the near future.