1. The plaintiff's claim is dismissed.

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

1. Case summary and a summary of the cause of claim

A. The Plaintiff owned the claim against D with the content as indicated in the following table, and the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) owned the ownership transfer registration stated in the purport of the instant claim on October 19, 2018 for the first/2 portion of the instant real estate since D and the Defendant as its wife shared the ownership of D and the Defendant 1/2 shares. The fact that the ownership transfer registration was made between the parties, who is its wife, on the same day (hereinafter “instant gift agreement”) is not in dispute.

B. Accordingly, the Plaintiff asserted that the instant donation contract between D and the Defendant constituted a fraudulent act, and sought its revocation and restitution.

2. Determination

A. Although the debtor who has already been in excess of his/her obligation transfers certain property to his/her spouse in division of property and reduces the joint security against the general creditor, the above division of property shall not be subject to revocation by the creditor as a fraudulent act unless there are special circumstances that can be acknowledged that the above division of property exceeds a considerable degree pursuant to the purport of Article 839-2(2) of the Civil Act, but it shall not be subject to revocation because it cannot be deemed a legitimate division of property with respect to the above excessive portion beyond the above considerable degree, and the creditor has the burden of proving that there are special circumstances that it is excessive division of property beyond the above considerable degree.

(B) Supreme Court Decision 2000Da14101 Decided July 28, 2000 and Supreme Court Decision 2000Da27084 Decided October 10, 200, etc.

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 6 and Eul evidence Nos. 1 through 4, the defendant filed a marriage report on November 14, 1991, but filed a marriage report on October 30, 2018.