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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the reasoning of the judgment of the first instance, and thus, citing this as it is in accordance with the main sentence of Article 420 of the Civil
2. Determination as to the cause of action
A. In principle, the preserved claim of the obligee’s right of revocation should occur prior to the fraudulent act. However, at the time of the fraudulent act, there has already been legal relations that form the basis of the establishment of the claim, and there is high probability that the claim should be established in the near future because of its legal relations. In fact, where the probability is realized and the claim has been established due to its realization, such claim may also become the preserved claim of the obligee’s
(See Supreme Court Decision 201Da76426 Decided February 23, 2012). According to the aforementioned facts, according to the purport of the entry and the entire pleadings in the evidence No. 2 (including a serial number; hereinafter the same shall apply) and the statement and the evidence No. 2, the Plaintiff had joint and several surety claims established based on continuous transaction relationship with B until August 2013, 2013 with respect to B, a large portion of the above claims appears to have arisen before June 28, 2013, and the Plaintiff acquired the claim No. 19,743,459 won against B due to a judicial compromise based on the above claims. Thus, even if the Plaintiff’s claim was established due to a judicial compromise after the instant donation contract was concluded, the said claim becomes a preserved claim of obligee’s right of revocation.
B. Active property B’s insolvent 1: Pursuant to the overall purport of the statements and arguments set forth in the Evidence Nos. 3, 9, 10, and 18, KRW 161,000,000,000,000,000,000 won and KRW 25,000,000,000 as the only property at the time of the donation contract of this case, B owned each of the instant real property at the market price of KRW 16,50,000,000,000,000,000 won and KRW 16,80