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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 6, 2015, the Plaintiff lent KRW 50 million to D, which was the representative director of E and the above company, on July 6, 2015.
B. On April 6, 2016, D completed the registration of ownership transfer on the ground of the donation on March 22, 2016 (hereinafter “instant donation”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).
C. On May 21, 1996, C filed a marriage report with D on May 21, 1996 and became a legally married couple, and thereafter completed the divorce report on June 10, 2016.
C On April 6, 2016, and April 8, 2016, the instant real estate was established on the instant real estate on April 6, 2016, and on April 8, 2016: (a) cancelling each registration of creation of a mortgage on a bank (the maximum amount of claims KRW 480 million, the maximum amount of claims KRW 120 million, the maximum amount of claims KRW 150 million), and the Defendant (the maximum amount of claims KRW 150 million). On April 29, 2016, the registration of creation of a mortgage on the instant real estate was completed on April 29, 201
E. The Plaintiff filed a lawsuit for revocation of fraudulent act, etc. against C on the ground that the instant gift constitutes a fraudulent act, but was sentenced to a judgment against the said court on August 23, 2017. The Plaintiff filed an appeal with Suwon District Court No. 2017Na77268, supra, but was dismissed on June 22, 2018 by the said court.
[Ground of recognition] Facts without dispute, Gap 1 through 3 evidence, Eul 5 evidence, significant facts in this court, the purport of the whole pleadings
2. Summary of the parties’ assertion
A. The donation by the Plaintiff D to C, the sole property of the instant real estate, in excess of its obligation, constitutes a fraudulent act.
The defendant's bad faith, which is the beneficiary C and the subsequent purchaser, is presumed.
Therefore, with respect to the instant real estate, the instant donation contract concluded between D and C shall be revoked within the scope of the Plaintiff’s claim amount. As such, the Defendant shall pay the Plaintiff the amount of the Plaintiff’s claim and its delayed payment damages, and shall not exceed the maximum debt amount of the instant right to collateral security within the scope of the said money.