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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The plaintiff asserts that the gift contract of this case constitutes a fraudulent act detrimental to the creditors of the non-party, including the plaintiff, and that the defendant is obligated to cancel the registration of transfer of ownership of this case to its original state.
In regard to this, the Defendant did not exceed a reasonable degree as a division of property following the divorce between the Defendant and the Nonparty, and at the time, the instant shares did not have real value as a collateral due to the establishment of a collateral security right, so the instant donation contract does not constitute a fraudulent act, and even if not, the Defendant did not know that the instant donation contract would prejudice the creditors due to the instant donation contract.
Judgment
In light of the above, even though there is a result of reducing the joint security against the general creditor by transferring a certain property to one's spouse as a result of the division of property in the divorce of a debtor who has already been in excess of his/her debt, the above division of property is not subject to revocation by the creditor, unless there are special circumstances to recognize that the above division of property exceeds a considerable degree pursuant to the purport of Article 839-2 (2) of the Civil Act, but it cannot be subject to revocation because it cannot be deemed as a legitimate division of property in excess of the above considerable degree. Therefore, the creditor bears the burden of proving that there are special circumstances to deem it as excessive division of property beyond the above considerable degree.
(see, e.g., Supreme Court Decision 2000Da14101, Jul. 28, 2000). In full view of the overall purport of the arguments in the Health Team, Nos. 1, 4, 5, and 6 (including the serial number) with respect to the instant case, the Nonparty filed an application with the court for confirmation of intention of divorce with the Defendant on September 18, 2017, and filed an application for confirmation of intention of divorce with the court.