1. The contract of donation concluded on February 26, 2018 between the Defendant and C is revoked.

2...

1. Basic facts

A. On November 3, 2008, regarding the real estate jointly owned by D and E (hereinafter “instant real estate”), the registration of ownership transfer in the name of C in the Defendant’s father’s name was completed on August 21, 2008 on the ground of the sale and purchase (the sale price of KRW 110,000,000; hereinafter “instant sale and purchase”) as of August 21, 2008.

B. On November 14, 2016, F Co., Ltd. borrowed KRW 194,81,000 from the Plaintiff, and C, the representative director of the said company, jointly and severally guaranteed this.

C and the above corporations were in arrears with the repayment of principal and interest of loans from around February 15, 2018. On March 22, 2018, the Plaintiff applied for a payment order against C, etc. to pay the said loans (Seoul Northern District Court 2018Da933, May 1, 2018) and received an order to pay the principal and interest of loans KRW 154,391,461 and delay damages. The above payment order was finalized on November 17, 2018.

C. On February 28, 2018, the Dongdaemun-gu Seoul Northern District Court (Seoul Northern District Court Decision 14137, which received on February 28, 2018, the transfer registration of ownership in the name of the defendant was completed on the ground of the donation made on February 26, 2018 (hereinafter “instant donation”).

C is insolvent from February 26, 2018 to the date of the closing of the argument in this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 3 and 10, the purport of the whole pleadings

2. The assertion and judgment

A. Unless there are special circumstances, the donation of the instant real estate to the Defendant without any consideration by a fraudulent act and a deceased intent C in excess of his/her obligation constitutes a fraudulent act, and the Defendant, who is the debtor, is presumed to have known of such circumstances.

B. As to the Defendant’s assertion, the Defendant concluded a contract title trust agreement with the Defendant to acquire the instant real estate under the name of C, and purchased the instant real estate from D and E and completed the registration of transfer of ownership under the name of C, but since D, E or G, which is its agent, was aware of the fact of the said title trust agreement, the instant case.