1. As to real estate listed in the separate sheet:

A. As to the donation concluded on August 14, 2018 between the Defendant and Nonparty D.

1. Basic facts

A. The Plaintiff’s claim 1 against Nonparty D) On May 26, 2017, the Plaintiff is Nonparty E Co., Ltd. (hereinafter “Nonindicted Company”).

(2) On November 23, 2018, the non-party company lost the benefit of the term, and the amount of the claim against the non-party D, a joint guarantor of the Plaintiff, is KRW 105,848,491 as of July 12, 2019, as of July 12, 2019.

B. Nonparty D’s rescission of Nonparty D’s gift agreement was donated by the Defendant, his father, and completed the registration of ownership transfer on September 13, 2010. On August 14, 2018, Nonparty D rescinded the agreement on the gift contract (hereinafter “instant agreement rescission agreement”) with the Defendant, and revoked the said registration of ownership transfer on the 17th of the same month.

C. Nonparty D’s insolvent non-party D had no other property than the instant real estate at the time of the rescission of the agreement in this case, and was in excess of its obligation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 5, and 7, fact inquiry and reply to the Supreme Court of this Court, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition of the existence of the preserved claim, the non-party D guaranteed the debt owed by the non-party D to the plaintiff before the contract for rescission of the agreement in this case, and thus, the plaintiff's joint and several liability claim against the non-party D is the preserved claim against the revocation

Even if the non-party company lost the benefit of time on November 23, 2018, the Plaintiff’s joint and several surety claim against non-party D was established, the basis for the establishment of the claim was already established at the time of entering into the instant termination contract.