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1. As to real estate listed in the separate sheet:
A. A. On December 30, 2013 between the Defendant and Nonparty B, a self-donation agreement is concluded.
Reasons
1. Establishment of a fraudulent act;
A. (i) On January 10, 2014, the Plaintiff leased KRW 50,000,000 to C Co., Ltd. as of January 21, 2015; and (ii) B, who is the representative director of C, was jointly and severally guaranteed.
Luxembourg paid the last interest on May 20, 2014, and did not pay the interest, thereby losing the benefit of time. On October 16, 2014, the amount of the loan principal of KRW 50,00,000, normal interest of KRW 406,848, overdue interest of KRW 1,223, overdue interest of KRW 1,887,122.
[Ground for Recognition: Each description of Gap evidence Nos. 1, 2, 3, 6, 8, 9, and 10 (including each number), and the purport of the whole pleadings] The claims protected by the obligee’s right of revocation need to be, in principle, incurred prior to the commission of a fraudulent act. However, 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 in the near future, and where a claim has been created by the realization of the probability in the near future, the claim may also become the preserved claim of the obligee’s right of revocation.
(See Supreme Court Decision 201Da76426 Decided February 23, 2012 (see, e.g., Supreme Court Decision 2011Da76426, Feb. 23, 2012). According to the above facts, the Plaintiff extended a loan to C on or around January 2014 under the joint and several guarantee of B, but the Plaintiff’s claim for the refund of the principal and interest of C may also become a preserved claim for the obligee’s right of revocation, inasmuch as the Plaintiff’s claim is realized due to delinquency in interest of C around February 3, 2014, which was long after B completed the registration of ownership transfer based on donation to the Defendant.
B. (i) B is one-half percent of the shares of the real estate listed in the separate sheet (hereinafter “instant real estate”) in which one-half percent of its own property was its own property (hereinafter “instant real estate”) as of December 30, 2013, and is one’s own wife on February 3, 2014.