1. The gift contract concluded on June 13, 2013 between the defendant and the non-party B on the real estate stated in the separate sheet is 1,722.

1. Facts of recognition;

A. On July 9, 2012, Hyundai Card Co., Ltd. transferred the claim amounting to KRW 1,801,610 of the total debt amount of KRW 79,384 as of July 31, 2013, including the principal amount of KRW 1,722,226, and fees, as of July 31, 2013, to the Plaintiff (ex officio) Hyundai Capital Co., Ltd. (hereinafter “Nive Capital”) on July 31, 2013.

B. On November 17, 2015, Hyundai Capital brought the instant lawsuit seeking revocation of a fraudulent act against the Defendant, and on May 4, 2016, transferred the said claim against the Plaintiff’s succeeding Intervenor B and notified the said transfer to B on May 23, 2016.

C. After that, the Plaintiff’s Intervenor succeeded to the instant lawsuit, and Hyundai Capital withdrawn with the consent of the Defendant.

B On June 13, 2013, the Defendant entered into a donation contract (hereinafter “instant donation contract”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) with the Defendant, and completed the registration of ownership transfer to the Defendant on the same day.

E. As to the instant real estate, the registration of creation of a mortgage as the mortgagee C was completed on August 1, 2012, the maximum debt amount of KRW 15,000,000, and the registration of creation of a mortgage as the mortgagee C. On June 13, 2013, the date of the instant donation contract, was cancelled on the ground of termination on June 13, 2013, which was the date of the instant donation contract.

F. B was in excess of obligations at the time of the instant gift agreement.

[Ground of recognition] A without any dispute, entry of Gap's evidence 1 through 9, Gap's evidence 1 through 3, and the order of submission of taxation information to the head of Incheon Dong-dong Office of this Court, the whole purport of the pleading, and the purport of the whole pleading

2. Determination

A. Where an obligor donated his/her own property to another person in excess of his/her obligation, such an act becomes a fraudulent act, barring any special circumstances (see, e.g., Supreme Court Decision 2006Da11494, May 11, 2006). According to the above recognition, the act of the obligor and the beneficiary, while over his/her obligation, donated the instant real property to the Defendant in excess of his/her obligation, constitutes a fraudulent act.