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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. B did not borrow and repay KRW 10,000,000 from the Plaintiff on February 11, 2009, and thus remains a debt of KRW 11,075,079 as of May 19, 2014. On August 14, 2006, the Plaintiff’s credit card payment liability remains as of May 19, 2014.
B. The instant real estate is a real estate in which shares B3/14, D5/14, EF, and A shared shares of 2/14 shares, respectively. On August 9, 2013, B entered into a contract under which 3/14 shares of the instant real estate are donated to the Defendant who is one’s own partner (hereinafter “instant donation contract”), and completed the registration of ownership transfer to the Defendant on August 20, 2013, based on the instant donation contract, pursuant to Article 5010 of the Daegu District Court racing Support, Daegu District Court Decision 5010.
C. Before the instant donation contract, the establishment registration of a neighboring mortgage was completed on September 25, 2009, comprised of the maximum debt amount of 325,000,000 won, the debtor B, and the non-mortgaged agricultural cooperative, which was located in the debtor B, and the non-mortgaged agricultural cooperative. However, the establishment registration of a neighboring mortgage was revoked on August 23, 2013, which was after the conclusion of the instant donation contract, and was completed on the same day, the establishment registration of a new neighboring mortgage, which was the Daegu Bank, the maximum debt amount of 324,00,000,000 won,
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion B donated 3/14 shares of the instant real estate, the sole property owned by the Plaintiff, in excess of the debt, to the Defendant. As such, the instant donation contract ought to be revoked as a fraudulent act detrimental to the general creditors including the Plaintiff. Since the establishment registration of a mortgage that was established on the instant real estate at the time of the instant donation contract was revoked after the conclusion of the instant donation contract, the said fraudulent act was revoked, and thus, the Defendant’s restitution to the Plaintiff following the revocation of the said fraudulent act, which is KRW 11,075,079 and KRW 11,649,09,090.