1. On April 1, 2019, the Defendant received on April 1, 201 from the Daegu District Court, Busan District Court, as to the real estate stated in the attached list to the Plaintiff.

1. Basic facts

A. On December 28, 2016, the Plaintiff’s Intervenor entered into a credit guarantee agreement between the Plaintiff and C with respect to the Plaintiff’s credit guarantee obligation against C Co., Ltd. with respect to the Plaintiff’s credit guarantee principal of KRW 40 million and the credit guarantee period from December 28, 2016 to December 27, 2017 (the change from this date to December 27, 2019), and issued a credit guarantee certificate, and the Plaintiff obtained a loan from C Co., Ltd. as security.

B. On September 5, 2019, a credit guarantee accident occurred to the Plaintiff. Accordingly, the Plaintiff’s Intervenor paid KRW 37,506,615 to C in subrogation of the Plaintiff on September 5, 2019.

C. On April 1, 2019, the Plaintiff completed the registration of ownership transfer on March 27, 2019 (hereinafter “instant transfer registration”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), which is the only property owned by himself/herself, to the Defendant, who is his/her spouse, as indicated in paragraph (1) of this Article, based on the donation (hereinafter “instant donation”).

With respect to the plaintiff, on October 14, 2019, the decision to commence individual rehabilitation procedure was rendered by the court No. 2019, 31872.

Since then, the Plaintiff took over the instant revocation suit filed by the Intervenor against the Defendant, and changed the purport of the claim into a lawsuit for denial.

[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 2-2, Eul evidence 2-2, the purport of the whole pleadings

2. Determination

A. The "act of the debtor knowing that the debtor would damage any bankruptcy creditor", which is an act subject to avoidance as prescribed by Articles 584 and 391 subparagraph 1 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter "the Debtor Rehabilitation Act"), includes the so-called fraudulent act absolutely reducing the debtor's general property, which is a joint security of all creditors.

According to the facts of recognition under Paragraph (1) above, the real estate of this case, which is the only property of the Plaintiff in excess of the obligation, is donated to the Defendant.