The judgment of the first instance shall be revoked.

2. As to the portion of 1/12 of the real estate listed in the separate sheet between the Defendant and B, it shall be as follows.

1. Basic facts

A. B entered into a sales contract on June 4, 2015 with respect to the sale of buildings owned by Guri-si, E, 343 square meters and above-ground buildings owned by Guri-si, B for KRW 2.2 billion, and received the payment in full.

B. On September 30, 2015, the Plaintiff notified B of the payment of KRW 47,438,760 (including surcharges) of local income tax for the year 2015 by November 30, 2015, but B did not pay the said local income tax.

C. On October 30, 2015, B, on the other hand, donated 1/12 shares of the real estate listed in the separate sheet (hereinafter “instant container”) to the Defendant (hereinafter “instant donation”), and on November 3, 2015, B made the registration of ownership transfer to the Defendant under Article 22831 of the receipt of Hongcheon District Court’s Hongcheon Registry on the instant container based on the said donation.

The instant container was the only active property of B at the time of the said donation, and its market value was KRW 35 million.

E. B and the Defendant reported a marriage on February 5, 1994, and made three children FF students, G students, and H students under the chain. On February 5, 2016, the Defendant filed an application for confirmation of intention of divorce on February 5, 2016 (Korean District Court Decision 2016No. 252), and on May 27, 2016, consulted to pay KRW 100,000 per month for two children who are minors and confirmed their intention of divorce and reported divorce on May 30, 2016.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 12, Eul’s 1, 2, Eul’s 3-1 through 3, the purport of the whole pleadings and arguments

2. This part of the judgment regarding the defendant's defense prior to the merits is the same as the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The defendant's prior defense on the merits is without merit.

3. Determination on the cause of the claim and the allegations of the parties

A. The plaintiff asserts that the gift of this case should be revoked because it constitutes a fraudulent act. Accordingly, the defendant is a divorce payment.