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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff asserted that the Plaintiff entered into a credit guarantee agreement with Nonparty B on December 12, 2008. After receiving a credit guarantee certificate issued pursuant to the said credit guarantee agreement from an enterprise bank as collateral, the Plaintiff paid KRW 98,053,914 to the enterprise bank on March 22, 2012. The Plaintiff filed a lawsuit against B on September 14, 2012 as Seoul Central District Court Decision 2012Gadan5082919 and filed a lawsuit against B on September 14, 2012, “B received money from the Plaintiff during the period of KRW 98,270,989 and KRW 98,016,304 annually from March 22, 2012 to July 26, 2012, and from the next day, 200% of the annual interest rate of KRW 20%.”
However, while the Defendant, his spouse, on May 4, 2016, donated KRW 9,956,051 out of the purchase fund to the second floor D (hereinafter “instant real estate”) of the Gwangjin-gu Seoul Special Metropolitan City building C (hereinafter “instant real estate”), as the Defendant was in excess of his/her liability due to the above reimbursement obligation against the Plaintiff, the said donation agreement constitutes a fraudulent act and ought to be revoked, and the Defendant is obliged to pay the Plaintiff the said KRW 9,956,051 donated from the Plaintiff as compensation for value.
2. A creditor who claims that a debtor's legal act, etc. is a fraudulent act and seeks revocation thereof shall specifically claim and prove the existence of the preserved claim and the debtor's legal act, etc., as well as the existence of the debtor's legal act, etc., that the debtor was insolvent due to the debtor's juristic act, etc., and that the debtor
(See Supreme Court Decision 2002Da59092 Decided April 23, 2004, etc.). In full view of the health class, Gap evidence 2-3, Eul evidence 1-6, and the overall purport of pleadings, the registration of transfer of ownership is completed on the ground that the defendant purchased KRW 274,00,000 as of March 17, 2016 with respect to the real estate in this case as of May 4, 2016, and the defendant purchased KRW 274,00,000.