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1. As to shares of 1/2 of the real estate listed in the separate sheet:
A. On May 20, 2015, between B and the Defendant.
Reasons
1. Factual basis
A. (1) On March 28, 2013, the Plaintiff entered into a loan agreement with respect to KRW 100,000 with the purport that the Plaintiff would lose the benefit of time when the principal and interest are repaid by dividing the interest per annum, 12% per annum, 12% per annum, and 3 years after the two-year grace period, and the principal and interest are in arrears. On October 7, 2013, C acquired the entire obligation of the above loan with B and D, and B and D entered into a joint and several guarantee agreement.
(2) From April 28, 2015, C, B, and D lost the benefit of time on January 19, 2016 by delaying the payment of the installment repayment of the above loan from April 28, 2015.
B. On May 20, 2015, B entered into a contract of donation on May 20, 2015 (hereinafter “instant contract of donation”) with the Defendant on the real estate indicated in the separate sheet (hereinafter “instant real estate”) between B and the Defendant, and on the same day, the Defendant completed the registration of ownership transfer as Busan District Court No. 17381.
(2) B and the Defendant were married, and on August 25, 2015, the report of divorce was completed.
[Reasons for Recognition] In the absence of dispute, Gap evidence 1 to Gap evidence 6, Gap evidence 8-3, Eul evidence 3, the purport of the whole pleadings
2. Determination
A. According to the facts acknowledged before the existence of the preserved claim and whether the secured claim was exceeded B’s obligation, B, as a joint and several surety, bears the Plaintiff’s obligation to repay loans under the loan agreement concluded on March 28, 2013, and thus, the Plaintiff is recognized to have a preserved claim seeking revocation of the fraudulent act regarding the instant sales contract concluded on May 20, 2015.
In addition, there is no dispute between the parties that at the time of the donation contract of this case, B had been in excess of the obligation exceeding the positive property.
B. Whether a fraudulent act is established (1) The Plaintiff’s assertion by the parties is the most mixed divorce between B and the Defendant, and the instant gift agreement is a simple gift made without relation to the division of property.