1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 6, 2018, the Plaintiff filed a lawsuit against C with this Court as to the claim for loans, and was sentenced to the judgment that “C shall pay to the Plaintiff the amount calculated by the rate of 25% per annum from May 18, 2017 to the date of complete payment, with respect to KRW 206,956,301 and KRW 110,000,000 among them,” and the said judgment became final and conclusive on March 22, 2018.

B. C and the defendant are married couple. On July 21, 2006, the registration of ownership transfer was completed on June 29, 2006 with respect to each one-half share of real estate listed in the separate sheet (hereinafter “instant real estate”).

C. On February 5, 2014, C entered into a contract with the Defendant to donate 1/2 shares of the instant real estate owned by it (hereinafter “instant donation contract”) and completed the registration of transfer of shares in the said real estate’s share under the name of the Defendant on May 28, 2014.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. The Defendant’s donation of 1/2 of the instant real property, the sole property of which is the Plaintiff’s assertion by C, who was liable to the Plaintiff to the Plaintiff, to the Defendant, is a fraudulent act detrimental to the general creditors including the Plaintiff.

Therefore, as a matter of principle, the defendant should execute C the procedure for cancelling the registration of cancellation of the share transfer with respect to the 1/2 share out of the real estate in this case as restitution. However, as the defendant subsequently sold the real estate in this case to D and completed the registration of transfer, the right to collateral security was cancelled, the plaintiff must cancel the donation contract in this case within the limit of KRW 74,684,250, which is the smaller amount between the claim against C and the joint collateral value, and seek compensation for the above money to

3. Determination

A. If the obligor’s mortgage is established on the subject matter transferred to the beneficiary in a lawsuit seeking revocation of the relevant legal doctrine, the ordinary creditors out of the subject matter.