1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Basic facts

A. On March 27, 2013, the Plaintiff (formerly changed: Korea Standards Bank) granted a loan of KRW 27 million to Co-Defendant A (hereinafter “A”) at the first instance trial on March 27, 2013 by setting the lending period of KRW 48 months, interest rate of KRW 34.9% per annum, interest rate of damages for delay, 39% per annum, interest rate of principal and interest equal, etc.

After October 25, 2015, A delayed repayment of the principal and interest of a loan from October 25, 2015, and as of March 7, 2016, A paid the principal and interest of a loan of KRW 17,039,096 (= principal interest of KRW 14,637,300 and interest of KRW 1,598,370 and interest of KRW 1,598,370 and interest of KRW 33,400).

B. On January 26, 2015, A donated each real estate (hereinafter “instant real estate”) indicated in the separate sheet, which is its sole property (hereinafter “instant donation agreement”) to the Defendant (hereinafter “instant donation agreement”), and completed the registration of ownership transfer with respect to the said real estate on January 27, 2015.

C. The Defendant was a legally married couple who completed the marriage report on November 24, 1988, and the Gwangju Family Court confirmed the intention of divorce (No. 2015No. 530) and completed the divorce report on March 27, 2015.

At present, the defendant is living together with his children in the real estate of this case.

A, at the time of the gift contract of this case, was liable for a large number of debts to the Plaintiff. At the time of the donation contract of this case, A was the only active property of the real estate of this case with the market value of KRW 174,16,110

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 8, and 9, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant donated the instant real estate, the sole property of which is one of his/her own property, in excess of his/her obligation, should be revoked as it is

In addition, the defendant's restitution following the revocation of fraudulent act to the plaintiff, which is 17,039,096 won and 5% per annum from the day following the date of confirmation of the judgment of this case to the day of full payment.