1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On June 27, 2017, the Plaintiff entered into a credit guarantee agreement with B with the credit guarantee principal of KRW 90,000,000, and with the credit guarantee period of June 27, 2018, and B borrowed KRW 100,000,000 from C Bank on June 28, 2017 under the said credit guarantee agreement.

B. B shared 1/2 shares of the real estate listed in the separate sheet (hereinafter “instant real estate”) with the Defendant who is the spouse, and the Defendant completed the registration of transfer of ownership based on the donation contract as of April 3, 2018, No. 18248, which was received from the Busan District Court’s Seo branch on April 3, 2018 (hereinafter “instant transfer of ownership”).

C. On the other hand, the Plaintiff on June 28, 2018.

On June 27, 2019, the time limit for the credit guarantee set forth in the paragraph was changed to June 27, 2019, and B as against C Bank on June 27, 2019.

It was notified that C Bank has caused a credit guarantee accident to the plaintiff because it did not pay the principal of the general loan as stated in the paragraph.

On August 28, 2019, the Plaintiff subrogated to C Bank for the principal amounting to KRW 90,000,000 and interest amounting to KRW 865,281.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1 through 5, Gap evidence Nos. 7 and 8, purport of the whole pleadings]

2. The gist of the Plaintiff’s assertion was that a credit guarantee agreement was already established at the time of the instant transfer of ownership, and it was highly probable that a claim should be established under the said credit guarantee agreement in the near future, and thus, the Plaintiff’s claim for indemnity against B was realized in the near future. It constitutes a fraudulent act detrimental to the joint security of other creditors. Meanwhile, the Defendant’s donation of 1/2 shares out of the instant real estate to the Defendant constitutes a fraudulent act detrimental to the joint security of other creditors.