1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 17, 2014, the Plaintiff loaned KRW 13.9% per annum for the interest rate of KRW 13,700,000 to B, and the interest rate of arrears shall be 25.9% per annum. ② The interest rate of KRW 14,00,000 on September 23, 2015 was 25.9% per annum for the interest rate of KRW 25.9% per annum and the interest rate of arrears shall be 32.9% per annum.

(hereinafter collectively referred to as "each of the loans of this case"). (b)

B forfeited the benefit of time due to the delinquency of each of the instant loans from November 25, 2016, and December 26, 2016.

As of December 15, 2017, the sum of principal of each of the instant loans against B by the Plaintiff as of December 15, 2017 is KRW 10,823,702.

C. Meanwhile, at the time of November 24, 2015, B entered into a gift agreement on one-half of the instant real estate (hereinafter “instant gift agreement”) with the Defendant, who was his/her spouse, as of November 24, 2015, and completed the registration of ownership transfer on October 31, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 9, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion B donated 1/2 shares out of the instant real estate to the Defendant, who is the spouse under excess of the obligation. This constitutes a fraudulent act detrimental to the Plaintiff, who is the obligee B, and is presumed to be the intent and the Defendant’s bad faith. As such, the instant gift contract should be revoked, and the registration of transfer of ownership in the name of the Defendant with respect to 1/2 shares out of the instant real estate should be revoked due to restitution to its original

B. The Defendant’s assertion that the gift contract of this case has the nature of a child support agreement and a property division agreement for three children during the process of divorce between B and the Defendant, and thus, it is not a fraudulent act.

3. Determination

A. In the divorce of legal doctrine, division of property shall contribute to the maintenance of the other party’s livelihood at the same time to liquidate and distribute the common property that the married couple had in the marriage, but at the same time to compensate for mental damages (defensive materials) incurred by divorce by the split-off’s act.