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1. The gift contract concluded on November 9, 2016 between the Defendant and B regarding the real estate indicated in the separate sheet is KRW 6,475,272.
Reasons
1. Determination on the cause of the claim
A. The facts of recognition 1) B used a credit card that was issued by entering into a credit card use agreement with Hyundai Card Co., Ltd. around January 28, 2016, from around January 2016, and delayed payment of credit card payments from around January 28, 2017, Hyundai Card Co., Ltd. transferred the credit card payment claim against B to the Plaintiff and notified B of the transfer of the credit as of March 7, 2017. As of March 13, 2017, B concluded a contract to donate real estate (hereinafter referred to as “instant donation”) on the list of real estate (hereinafter referred to as “the instant real estate”) entered in the separate sheet to the Defendant, his/her dependent, on November 9, 2016, and received the registration of the transfer of the ownership as of March 13, 2016.
3) After the completion of the ownership transfer registration on the instant real estate, the Busan District Court of Busan District as of March 8, 2017 received on March 8, 2017, with the maximum debt amount of KRW 29,760,000, Busan District Credit Guarantee Foundation, Busan District Credit Guarantee Foundation, the debtor’s establishment registration on the instant real estate (hereinafter “the establishment registration on the instant neighboring mortgage”).
) A. [Reasons for Recognition] Facts without dispute, Gap evidence 1 to 16 (if any)
B. According to the facts of determination 1, B used credit cards from January 2016 upon entering into a credit card use agreement with the Plaintiff and delayed payment of credit card payment from January 2017. The credit card payment claim against B acquired by the Plaintiff can be a preserved claim against the obligee’s right of revocation regarding the instant donation contract, and the act of donation of the instant real estate to the Defendant under the condition of B’s insolvency has reduced the common security of the general creditors including the Plaintiff.