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1. The gift contract concluded on September 21, 201 with the Defendant on September 21, 201 with regard to the real estate stated in the separate sheet between the Defendant and B is KRW 9,62,457.
Reasons
1. Basic facts
A. B, from December 15, 2010 to December 15, 2010, began with the payment for the use of a trial card issued by the Plaintiff, and lost the benefit of time thereafter. The Plaintiff has a claim for the card payment amounting to KRW 9,622,457 as of September 16, 2014 against B.
B. On September 21, 2011, B entered into a contract with the Defendant to donate the real estate listed in the separate sheet (hereinafter “instant real estate”) as the only real estate owned by B (hereinafter “instant donation contract”) and completed the registration of ownership transfer with respect to the said real estate under the Defendant’s name on the same day.
C. Meanwhile, at the time of the instant donation contract, the instant real estate had been registered to establish a new mortgage on April 30, 2009 under the name of the debtor, B, the maximum debt amount of B, 80,400,000 won, in order to secure the claim for loans to the Bank of Korea, and on April 30, 2009, the Industrial Bank of Korea established a new mortgage on April 30, 2009 under the name of the debtor C, C, the maximum debt amount of 70,000,000 won, which was revoked on October 7, 2011. At the time of cancellation, the actual secured debt amount was KRW 127,174,154 (=57,174,154 + 70,00,000).
At the time of January 2015, the market price of the instant real estate is KRW 160 million, and Section B, at the time of the instant donation contract, bears the obligation of KRW 300 million, in addition to the obligation of the Plaintiff to the Plaintiff.
[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 6 (including the branch numbers in the case of additional numbers), the Bank President of this court, the fact inquiry results on the Namyang-ju market, the purport of the whole pleadings
2. Determination on whether a fraudulent act constitutes a fraudulent act
A. Generally, a fraudulent act and intent to commit fraudulent acts is generally in excess of the obligation or has already been in excess of the obligation by reducing active property or increasing the negative property.