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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. On March 25, 2010, the Plaintiff entered into a loan transaction agreement with B as of March 26, 2013 between the loan-based general loan of household, the loan-based loan amounting to KRW 10 million, and the loan-based loan payment to B.
B. B did not pay interest on the above loan, thereby losing a due date, and was unable to repay the principal and interest of loan. As of June 27, 2013, B’s principal and interest of loan to be paid to the Plaintiff as of June 27, 2013 is KRW 10,507,705 (interest of KRW 54,053 interest at overdue interest of KRW 54,053).
C. B, on February 17, 2012, the registration of ownership transfer was completed as 8037 on the receipt of original state branch support to the Defendant on the ground of the gift on the same day (hereinafter “instant donation contract”) among the real estate listed in the separate sheet (hereinafter “instant apartment”), which was jointly owned by each of the Defendant and each of one-half shares with the Defendant, as indicated in the separate sheet (hereinafter “instant apartment”).
On August 2012, the Defendant agreed to divide the instant apartment complex under the name of the Defendant, which was finally acquired by the Defendant, by concluding a divorce report on September 10, 2012, while holding a divorce report with the Defendant around the middle of August 2012.
E. Meanwhile, B died on January 11, 2014 when the instant lawsuit was pending, and C, a child, succeeded to the property.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 4 (including each number), Gap evidence 6 through 7, Eul evidence 4, Eul evidence 7, Eul evidence 10, and the purport of the whole pleadings
2. The assertion and judgment
A. (1) The plaintiff asserts that the gift contract of this case concluded between B and the defendant constitutes a fraudulent act and thus should be revoked. Accordingly, the defendant asserts that the defendant is obligated to implement the registration procedure for transfer of ownership as to B's 1/2 portion of the apartment of this case to C, the heir of this case, by means of restitution to original state.
(2) As to this, the Defendant exceeds B’s obligation at the time of the instant donation contract.