1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Defendant married with C on August 22, 1983, and reported divorce on June 13, 2017.

B. On April 26, 2011, the Defendant purchased the instant real estate (the transaction value of KRW 95,00,000 on the register) and completed the registration of ownership transfer on May 30, 201.

C. The Plaintiff respectively lent C KRW 19,100,000 on June 9, 2016, and KRW 19,100,000 on June 30, 201.

The plaintiff applied for the payment order to the Seogu District Court for the above loan claim against C (2017 tea858), and the original payment order was served to C on the 30th of the same month, and the above payment order became final and conclusive.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5 (including serial number), Eul evidence No. 5, the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion C renounced the right to divide the property of the instant real estate under the name of the Defendant, the sole property, while divorced with the Defendant.

This constitutes a fraudulent act, and thus, a property division contract between the Defendant and C regarding the instant real estate should be revoked within the scope of KRW 29,100,000, and the Defendant is obliged to pay KRW 29,100,000 to the Plaintiff with the restitution to its original state.

B. In light of the fact that the division of property following the divorce is a liquidation of the common property formed through mutual cooperation between the parties during the marriage, it is not necessary to revoke the division of property as a fraudulent act, unless there are extenuating circumstances to recognize that the division of property exceeds the debt amount as a result of the reduction of joint security against the general creditor by transferring a certain property to the spouse as a result of the division of property while the obligor who is in excess of the debt is divorced and transfers a certain property to the spouse as a result of the division of property. However, the division of property exceeds the considerable degree under the purport of Article 839-2(2) of the Civil Act