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1. The contract of donation concluded on July 10, 2018 between the Defendant and B shall be revoked.
2...
Reasons
1. Basic facts
A. The Plaintiff filed an application with B for the payment order for the payment of the acquisition amount under this Court’s 2012 tea164, and on February 7, 2012, the Plaintiff received an order to pay the Plaintiff KRW 35,938,912, and KRW 2,859,252, with respect to KRW 18% per annum from January 1, 2012 to the date of full payment, and KRW 4,49,32 per annum from January 1, 2012 to the date of full payment.
The above payment order was finalized around that time.
B. On July 10, 2018, B entered into a gift agreement with the Defendant, one’s mother, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) as one’s own real estate (hereinafter “instant gift agreement”), and on the same day, B completed the registration of ownership transfer to the Defendant as the receipt of No. 48310 on July 10, 2018.
C. B had no particular property other than the instant real estate at the time of the instant donation contract, and had the obligation to pay KRW 12,81,000 to C and the obligation based on the said payment order.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings
2. According to the facts of the above recognition, the Plaintiff had a claim based on the above payment prior to the conclusion of the gift contract in this case, and thus is subject to the obligee’s right of revocation.
In addition, the debtor's act of transferring real estate, which is the only property of the debtor, to another person without compensation, is presumed to be a fraudulent act against the creditor unless there are special circumstances. Therefore, the debtor's intention of prejudice is presumed to be presumed, and the burden of proof that the transferor has
(see, e.g., Supreme Court Decision 2000Da41875, Apr. 24, 2001). Therefore, the instant real estate, which is the only real estate of the Plaintiff and C, is transferred to the Defendant free of charge under excess of liability.