1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 25, 2010, the Plaintiff lent the loan amounting to KRW 10 million to B as of March 26, 2013.

B. However, B did not pay interest on the above loan, thereby losing the benefit of the loan. B, as of June 27, 2013, the principal and interest of the loan to be paid to the Plaintiff as of June 27, 2013, is KRW 10,507,705 (the interest of the loan amounting to KRW 54,053,652).

C. B, on February 17, 2012, the registration of ownership transfer was completed as 8037 on the receipt of original state branch support to the Defendant on the ground of the gift on the same day (hereinafter “instant donation contract”) among the real estate listed in the separate sheet (hereinafter “instant apartment”), which was jointly owned by each of the Defendant and each of one-half shares with the Defendant, as indicated in the separate sheet (hereinafter “instant apartment”).

On September 10, 2012, the Defendant married with B on September 10, 2012, and B, at the time of the said agreement, transferred the ownership of his share to the Defendant as the property division, etc.

E. B, while the instant lawsuit was pending, died on January 11, 2014, and C, who is his/her child, succeeded to the property.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence Nos. 6, 7, Eul evidence Nos. 4, 7, and 10, and the purport of the whole pleadings

2. Determination

A. The plaintiff asserted that the contract of this case entered into between B and the defendant constitutes a fraudulent act, and thus, the contract of this case must be revoked. Accordingly, the defendant asserts that the defendant is obligated to carry out the procedure of ownership transfer registration as to B's 1/2 share of the apartment of this case to C, the heir of this case.

B. In order to constitute a fraudulent act, the instant donation contract concluded between the Defendant and B must be in excess of the debt at that time, and as examined below, B had more active property than the instant apartment except for the instant apartment.