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1. As to shares of one half of each of the real estate listed in the separate sheet:
A. The defendant and the non-party B were formed.
Reasons
1. Facts of recognition;
A. (i) The Plaintiff entered into a credit guarantee agreement with Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”); on March 21, 2013, Nonparty Company received a loan from a national bank as collateral on the credit guarantee certificate issued by the Plaintiff.
The non-party B guaranteed the obligation of indemnity against the plaintiff of the non-party company.
B. On August 24, 2013, the non-party company suffered a credit guarantee accident, and the plaintiff subrogated to the national bank for KRW 234,372,005 for the debt of the non-party company to the non-party company on November 28, 2013.
Article 22,504,127 won and damages for delay on the amount of the claim held by the plaintiff against the non-party company and the non-party B at the time of the institution of the case.
Applicant B is the internal director of the non-party company.
B. Nonparty B’s act of disposal of property (i.e., the Defendant was the spouse of Nonparty B, and each real estate listed in the separate sheet (hereinafter “instant real estate”) was jointly owned by Nonparty B.
on June 10, 2013, Nonparty B entered into a donation agreement (hereinafter “instant donation agreement”) with the Defendant with respect to the ownership of the instant shares (hereinafter “instant shares”) among the instant real property, and he completed the entire share transfer registration (hereinafter “instant transfer registration”) with the Cheongju District Court No. 7854, Jun. 11, 2013.
• Nonparty B entered into the instant gift contract with the absence of any particular property other than the instant shares, and under the status of excess of the obligation.
【Ground for recognition】 Evidence Nos. 1 and 2-1, 2, 3 through 12, 13-1 and 2-2, and the purport of the whole pleadings
2. Determination
A. According to the above facts, Nonparty B disposed of its sole property in excess of its obligation.
Non-party B's disposal act is a fraudulent act detrimental to other creditors including the plaintiff, and the defendant's bad faith is presumed to be a beneficiary.
B. Judgment on the Defendant’s assertion