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1. As to real estate listed in the separate sheet:
A. A donation contract concluded on September 23, 2014 between the Defendant and B.
Reasons
1. Basic facts
A. On May 22, 2014, the Plaintiff filed a lawsuit against Nonparty C and B with the Seoul Central District Court No. 2013Gahap53188, and filed a lawsuit against the Plaintiff, and the said judgment became final and conclusive around the time when the judgment was rendered in favor of the Plaintiff, with the amount equivalent to KRW 25% per annum for KRW 634,214,48, and KRW 240,653,239 from July 11, 2013 to the date of full payment, and the Defendant B jointly and severally with the Defendant C within the limit of KRW 440,653,239, and KRW 440,653,239, respectively.
B. On September 23, 2014, B entered into a donation agreement (hereinafter “instant donation agreement”) with the Defendant, who is an son, as to the real estate listed in the separate sheet owned by B (hereinafter “instant real estate”). The registration of ownership transfer was completed based on the said donation.
C. At the time of the instant donation contract, B owned 4 lots of real estate, including 3,268 square meters of forests and fields in Chuncheon City, in addition to the instant real estate. The total market value of the said real estate is KRW 115,248,773.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, result of a request for market price appraisal of appraiser E, purport of whole pleadings
2. According to the above facts of determination, the gift contract of this case where B, who was in excess of debt, donated the real estate of this case to the Defendant, one of its children, constitutes a fraudulent act as it harms creditors including the plaintiff, and the defendant, who is the beneficiary, is presumed to be malicious. Thus, the contract of this case shall be revoked as a fraudulent act, barring any special circumstance, and the defendant shall be obligated to implement the procedure for cancellation registration of transfer of ownership to the real estate of this case
In this regard, the defendant invested 1.5 billion won to B, and lent 42 million won to B through F who is a partner. However, the defendant concluded the gift contract of this case with B as the repayment order for the above loan, etc.