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1. The contract of donation concluded on March 20, 2018 between the defendant and the non-party B is revoked.
Reasons
1. The part concerning the plaintiff's assertion in the attached form of claim in the attached form of claim may be acknowledged according to the facts without dispute, the entry of evidence A1 through 17, and the whole purport of pleadings;
2. Determination:
A. According to the above facts, on March 20, 2018, a contract under which the Plaintiff donated real estate No. 1 (hereinafter “each of the instant real estate”) on the attached Table No. 1 (hereinafter “instant gift contract”) between B and the Defendant, his/her spouse, constitutes a fraudulent act that deepens the excess of the obligation of B. The Plaintiff’s transfer income tax claim against B prior to the instant gift contract was already established, and thus, the Plaintiff may exercise the obligee’s right of revocation regarding the instant gift contract pursuant to Article 406 of the Civil Act.
B. Therefore, according to the Plaintiff’s exercise of the Plaintiff’s right of revocation, the instant gift contract ought to be revoked, and the Defendant is obligated to implement the procedure for registration of cancellation of ownership transfer, which was completed on March 20, 2018 with respect to each of the instant real estate by the Gwangju District Court’s Na-ju registry office received on March 20
3. The plaintiff's claim is justified.