1. The gift contract concluded on February 8, 201 between the Defendant and B is KRW 42,231,00.

1. Facts of recognition;

A. On December 31, 2010, the Plaintiff extended a loan of KRW 434 million to B as of December 31, 2015, with the due date set at KRW 434 million, but thereafter, B did not pay the interest on the loan from April 1, 201 to the Plaintiff.

B. On February 8, 2011, B entered into a donation contract (hereinafter “instant donation contract”) with the Defendant, who is the husband, on the real estate indicated in the separate sheet (hereinafter “instant apartment”) and completed the registration of ownership transfer on the instant apartment in the name of the Defendant on the same day on the same day.

C. Meanwhile, B was in excess of the obligation at the time of the instant donation contract, and there was no particular asset except the instant apartment.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 4, purport of whole pleadings

2. According to the facts of the above recognition, the act of donation of the apartment of this case, which is practically only the property value of the apartment of this case under excess of the debt, to the defendant, who is the husband, becomes a fraudulent act in relation to the general creditors of B including the plaintiff, unless there are special circumstances, and Eul knew that the lack of joint security due to the gift contract of this case would be prejudicial to other creditors, and ultimately, the defendant's bad faith, who is the beneficiary, is presumed

Therefore, the gift contract of this case must be revoked.

As to this, the defendant asserts that the actual owner of the apartment of this case is the defendant, but there is no intention to harm himself/herself on the ground that he/she is the defendant, but there is no evidence to acknowledge this, and the defendant

However, in full view of the scope of revocation of the donation contract of this case and the method of restitution to the original state, Gap evidence No. 1 and the purport of the entire pleadings as to the apartment of this case, the right to collateral security, which is the debtor, B, and the National Bank of Korea, shall be established on October 15, 2008 as to the apartment of this case.