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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Under the Plaintiff’s credit guarantee, I used loans of KRW 179 million from J Union (hereinafter “J Union”) on June 9, 2015, and KRW 50 million on June 10, 2015.
B. Under the status of more than active property, I completed the registration of ownership transfer for the Defendants’ joint ownership transfer on the real estate listed in the separate sheet (hereinafter “instant real estate”) with respect to the Defendants’ real estate (hereinafter “instant real estate”) on August 11, 2017, No. 8043, which was received on August 11, 2017, due to the gift on August 11, 2017.
C. From May 14, 2018, I began to delay the repayment of principal and interest on each of the above loans to JA. D.
Accordingly, upon the request of the J Union, the Plaintiff paid KRW 160,1100,000 as a guarantor to the J Union on June 28, 2018 and KRW 42,736,389 as repayment of loans on June 9, 2015, respectively, to the J Union on June 10, 2015.
[Reasons for Recognition] Facts without dispute, Gap's 1 to 15, Gap's 17 to 22 (including branch numbers) and the purport of the whole pleadings
2. The Plaintiff’s assertion that donated the instant real estate to the Defendants while the Plaintiff’s assertion was in excess of his/her obligation and completed the registration of ownership transfer constitutes a fraudulent act. The Plaintiff is a creditor who has a claim for indemnity against I, and sought the revocation of the said fraudulent act and its restitution.
3. It is required that a claim protected by the obligee’s right of revocation has arisen prior to the commission of an act, in principle, that can be viewed as a fraudulent act.
However, there is a high probability at the time of the fraudulent act that there has already been a legal relationship which serves as the basis of the establishment of the claim, and that the claim should be established in the near future, and in the near future, the claim can be exceptionally a preserved claim in the near future.
Supreme Court Decision 95Da14503 delivered on February 9, 1996, etc.