1. Of the judgment of the court of first instance, the part against the plaintiff falling under either of the following cancellation and payment shall be revoked.

1. Basic facts

A. On August 27, 2011, the Defendant and C have a de facto marital relationship with marriage and de facto marriage around August 27, 201, upon completion of the marriage report on May 16, 2013.

B. On January 29, 2014, the Defendant filed an application for confirmation of the intention of divorce with C, and entered into a donation contract with C to the Defendant with the content that C donates the instant apartment, which is the only property under its name, as division of property and consolation money (hereinafter “instant donation contract”) with C, and C has the same effect.

2. 4. The defendant completed the registration of transfer of ownership based on the above donation contract with respect to the apartment of this case, and the defendant and C after that year.

3.5. The report of divorce by agreement has been completed.

C. At the time of entering into the instant gift contract, the instant apartment was the sole property of C, whereas C is as follows.

As set forth in the paragraph, the total amount of damages for the tort was 417 billion won and was in excess of the liability, such as bearing the payment obligation.

On the other hand, C has already closed the business in February 2012 by EFF Asset Management Co., Ltd., a non-performing company that it had worked for C (hereinafter “non-performing company”), and even if it was a situation that the existing investors should return the investment principal, profit, etc. with an amount equivalent to KRW 100 million, it is false that there was a safe high interest high interest product from February 18, 2013 to the Plaintiff who was related to the creation of a middle school.

9. Until July 2, 200, the Plaintiff was indicted for committing a crime, such as receiving a total of KRW 120,18 million from the victims including the Plaintiff, such as receiving a total of KRW 417,00,000 from the Plaintiff, and the first instance court (Seoul Northern District Court 2014Da650, 2325 (Merger)) was convicted on September 25, 2014 by sentencing four years of imprisonment with prison labor for C.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 4, Eul evidence Nos. 1 and 8, the purport of the whole pleadings by the court of first instance

2. Determination

A. According to the facts acknowledged before the preserved claim, the Plaintiff’s tort against C.