1. Each of the plaintiff's claims is dismissed.

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

1. Basic facts

A. On March 23, 2010, the Plaintiff lent KRW 31,500,000 to B.

B. B agreed on April 1, 2013 to raise two children instead of transferring the ownership of the Defendant, who was the wife (Marriage on June 9, 199) and the real estate listed in the separate list in B (hereinafter “instant real estate”) on April 1, 2013. Accordingly, the registration of ownership transfer for the instant real estate was completed on the ground of donation to the Defendant.

C. Around April 1, 2013, the market price of the instant real estate was KRW 170,000,000, and B was each liable for the refund of the lease deposit amount of KRW 40,000,000 to Youngpo Agricultural Cooperative, the mortgagee of the instant real estate, and KRW 85,00,000 to C, the lessee of the instant real estate.

[Reasons for Recognition: Facts without dispute, Gap evidence 1-1-2, Gap evidence 2-2, Eul evidence 1-2, Eul evidence 2-2, and each fact inquiry about the head of Yeongdeungpopo Agricultural Cooperative and the head of Dong, the purport of the whole pleadings as a whole]

2. Assertion and determination

A. Division of property following the Plaintiff’s assertion of divorce is subject to revocation of fraudulent act, and consolation money, child support, etc. shall not be considered in the division of property having the nature of liquidation of the common property formed during the marriage life.

B had no particular property other than the instant real property at the time of divorce with the Defendant (i.e., the secured obligation of KRW 40,000,000 and the obligation of KRW 85,500,000 to the Plaintiff’s obligation of KRW 31,50,000 for the repayment of deposit for lease deposit amount of KRW 40,000,000). However, the ownership of the instant real property was transferred to the Defendant and caused a state of excess of the obligation. This should be revoked as a fraudulent act detrimental to the obligees’s joint security;

B. Division of property following a judgment divorce is a system that has the economic difficulty in the nature of the liquidation of joint property achieved by mutual cooperation between the married couple during marriage, and has already been in excess of the debt.