1. The plaintiff's claim is dismissed.

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

Basic Facts

On April 29, 2002, the Defendant loaned each of the loans to B Co., Ltd. (hereinafter “Nonindicted Company”) KRW 150 million, and KRW 200 million on March 26, 2003.

As a director of the non-party company, C, who is the husband of the plaintiff, guaranteed each of the above loans.

C On November 14, 2005, the registration of transfer of ownership was completed on November 7, 2005 with respect to the Plaintiff (hereinafter “instant apartment”) Nos. 728, 1301, Suwon-gu, Suwon-si, Suwon-si, for the gift (hereinafter “instant apartment”).

The defendant filed a claim against the plaintiff to cancel the registration of transfer of ownership due to the cancellation of the gift contract of this case, which is a fraudulent act, with the court 2006Kadan100371, for provisional disposition of prohibition of disposal of real estate as preserved bonds.

On February 20, 2006, the above court rendered a provisional disposition (hereinafter "provisional disposition of this case") on the provisional disposition of this case, and the same year with respect to the apartment of this case.

2. 24. The provisional disposition registration of this case was completed.

On November 28, 2006, the Plaintiff sold the apartment of this case to E in KRW 800 million, and on the following day, the Plaintiff subrogated for KRW 42,383,900 to the Defendant of the non-party company in order to cancel the registration of provisional disposition of this case.

On the other hand, the Korea Credit Guarantee Fund concluded a credit guarantee agreement with the non-party company, and C guaranteed the non-party company's liability for indemnity.

The Korea Credit Guarantee Fund (Seoul Central District Court Decision 2007Gahap4047) filed a lawsuit seeking revocation of the instant donation contract against the Plaintiff within the limit of KRW 510 million and seeking payment of the said money.

On January 23, 2008, the above court dismissed the claim against the plaintiff of the Korea Credit Guarantee Fund on the ground that "It is difficult to deem that there is a high probability of the fact that the exercise of the right to indemnity by the Korea Credit Guarantee Fund was imminent at the time of the instant donation contract or that the situation which would exercise the right to indemnity in the future occurs."

Co-defendant C and others.