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1. The gift contract concluded on March 3, 2017 by the Defendant and Nonparty B with respect to the real estate listed in the separate sheet is KRW 23,018,833.
Reasons
1. Facts of recognition;
A. A. Around August 15, 2005, Hyundai Card Co., Ltd. entered into a credit card use contract with B, and B did not pay the credit card price, etc. from March 2017, and on April 18, 2017, the amount that was not paid by April 18, 201 exceeds KRW 23,018,833.
B. Around April 2017, Hyundai Card Co., Ltd. transferred claims against B to the Plaintiff, and notified B of the fact of transfer of claims.
C. B did not have any particular property other than the real estate indicated in the separate sheet, and on March 3, 2017, in a state where the passive property exceeds active property, the said real estate was donated to the Defendant who is the spouse, and on March 6, 2017, the registration of transfer was completed to the Defendant.
Attached Form
On December 11, 2014, the establishment registration of a collateral security company, Busan Bank, Busan Bank, the maximum debt amount of 142,80 million won, and the establishment registration of a collateral security company, Busan Bank, the maximum debt amount of 13,200,000 won, respectively, was completed on December 18, 2014. However, on March 20, 2017, the Defendant completed the registration of cancellation of the establishment registration of a collateral security company as above.
In addition, on March 17, 2017, the Defendant completed the registration of the establishment of a mortgage on the said real property, which caused only 1309 million won to the Han Bank Co., Ltd. and the maximum debt amount.
(e) The market price of the real estate listed in the separate sheet is KRW 180 million.
(As there is a case of trading an apartment that is the same area as the real estate stated in the attached Table, around March 2017, around KRW 180,000,000, the market price shall be presumed to be the same at the time of closing the argument of the real estate listed in the attached Table).
2. Determination
A. According to the facts found in the establishment of a fraudulent act, the Plaintiff is a creditor who holds 23,018,833 won claims against B, and B donates real estate listed in the separate sheet to the Defendant and completed the registration of transfer on March 3, 2017 while exceeding his/her obligation. Therefore, this constitutes a fraudulent act that reduces the joint security of general creditors, and the intention of resolution B is also expressed.