1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff entered into a credit card transaction agreement with D around 1993, and entered into a credit card transaction agreement with D on May 15, 2018 and January 31, 2019 with D to provide credit card loans (name of goods: E) (hereinafter “the instant loans”), and D delayed repayment of the above loans, and D has the above loans of KRW 26,612,086 as of May 12, 2020.

B. D, at the time of divorce with the Defendant around March 14, 2019, entered into a contract on the division of property (hereinafter “instant contract on the division of property”) with the content that ownership of D 1/2 of the instant real estate owned by it shall be owned by the Defendant (hereinafter “instant contract on the division of property”). On March 15, 2019, D registered the transfer of ownership in the purport of the claim to the Defendant (hereinafter “division of property”).

At the time of the instant property division contract, D was in excess of its obligation.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, 5, 7, and 8, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion D bears the obligation of the instant loan, but the Defendant entered into a contract on the division of the instant property with the Defendant on the instant real property, which is the only property, and transferred its ownership to the Defendant. Since such contract on the division of property exceeds a considerable degree pursuant to the purport of Article 839-2(2) of the Civil Act, it shall be revoked as it constitutes an intentional act. As such, the Defendant is obligated to perform the registration procedure for cancellation of the ownership stated in the purport of the claim completed with respect to the instant real property, as the restoration to its original state.

B. In light of the fact that the division of property following a judgment divorce is a liquidation of common property formed through mutual cooperation between the parties during marriage, support for the other party is not a system that has the nature of support for the other party. As a result, a debtor who has already been in excess of his/her obligation transfers a certain property to his/her spouse while divorced.