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1. The contract of donation concluded on April 1, 2016 between the defendant and B shall be revoked.
2...
Reasons
1. Facts of recognition;
A. On July 29, 2015, the Plaintiff entered into a loan agreement with B on July 29, 2015 with a loan amount of KRW 20 million, the due date of payment on July 29, 2016, interest MOR 3.36%, and the maximum interest interest rate of KRW 15% per annum, and loaned KRW 20 million to B.
B. B from April 2016, due to delinquency in payment of interest on the above loan, lost the benefit of June 1, 2016, and as of December 20, 2016, B’s principal and interest obligation against the Plaintiff as of December 20, 2016 is KRW 21,650,102.
C. On April 1, 2016, B entered into a gift agreement with the Defendant, the spouse (hereinafter “instant gift agreement”) with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”), which is one’s own ownership, and completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) to the Defendant on April 1, 2016, the Incheon District Court Branch Decision 31741, which received on April 1, 2016.
B At the time of the donation contract of this case, there was no particular property other than the real estate of this case, and was liable to the Plaintiff and the new bank.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts of recognition of a fraudulent act, B's act of entering into the gift contract of this case with the defendant who is the spouse with respect to the real estate of this case and completing the registration of ownership transfer of this case under the condition that B bears obligations to the plaintiff et al. constitutes a fraudulent act as a reduction of the obligor's property, as it is acknowledged that B's intention of amnesty is recognized, and that the defendant's intent
B. The Defendant asserts that the Defendant’s argument is a bona fide beneficiary, since B donated the instant real estate as division of property and consolation money in the process of divorce by avoiding the wind of another woman with the wind of another woman, and B did not know at all of the Plaintiff’s debt to the Plaintiff.
In fact, there is no evidence to prove the divorce between the defendant and B.