1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 27, 1995, the Housing Business Mutual Aid Association concluded a loan guarantee agreement with C and issued a guarantee for KRW 800 million that the said company borrowed from one bank. At that time, B, which was the representative director of C, jointly and severally guaranteed C’s indemnity liability together with the Chang Construction Co., Ltd. and Cheongam Construction.

B. C paid dishonor around February 1995, and housing project mutual aid associations subrogated to KRW 859,079,192 on July 1, 1995.

On December 7, 1996, a housing project mutual aid association filed a lawsuit for confirmation of reorganization claim amounting to KRW 1,90,546,050, including the amount of indemnity by subrogation, against C, for which company reorganization procedures have commenced, and on December 11, 1997, the appellate court rendered a final judgment to determine reorganization claim amount of the above amount.

C. On November 21, 2012, the Plaintiff acquired the claim for indemnity against C and its joint and several sureties from the Housing Guarantee Co., Ltd., which comprehensively succeeded to a housing project mutual aid association.

On the other hand, the defendant completed the marriage report with B on February 23, 1977. As to the real estate (the real estate in this case) listed in the attached list, which was owned by B on August 29, 1995, the Seoul Western District Court completed the registration of transfer of ownership due to donation under No. 38733 on August 29, 1995.

[Ground of recognition] Facts without dispute, Gap 1, Gap 2-1, Gap 2-2, Gap 3-1, 2-5-1, 2, Gap 6-1, 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion B donated the instant real estate, the largest value of which is one’s active property, to the Defendant, who is the spouse, under the status of excess over the obligation for joint and several liability for the Housing Business Mutual Aid Association.

This is because B disposes of the property for the purpose of evading compulsory execution by the Housing Business Mutual Aid Association, and thus is against the social order, or is null and void because it constitutes a false representation or a nominal trust, the registration of transfer of ownership in the name of the defendant is null and void, and the plaintiff is the plaintiff by subrogation,