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1. As to KRW 9,405,58 and KRW 9,405,506 among the Plaintiff, Defendant A’s year from June 30, 2015 to September 15, 2015.
Reasons
1. Determination as to the claim against Defendant A
(a) Indication of claims: It is as shown in the attached Form;
(b) Grounds: Judgment by public notice (Articles 208 (3) 3 and 194 of the Civil Procedure Act);
2. Determination as to the claim against the defendant B
A. The act of Defendant A’s donation to Defendant B of real estate indicated in the separate sheet (hereinafter “instant real estate”) that is one of his/her sole property in excess of his/her obligation constitutes a fraudulent act detrimental to Defendant A’s general creditors. Therefore, the above donation agreement concluded on April 15, 2014 between the Defendants should be revoked as a fraudulent act, and the Defendant B is obliged to perform the procedure for registration of cancellation of the transfer of ownership in the instant real estate.
B. 1) Division following a divorce is a system with the economic difficulty of supporting the other party in terms of the nature of the liquidation of the common property achieved through mutual cooperation between the other party during the marriage. Even if a debtor in excess of his/her debt has a result of reducing the joint security against the general creditor by transferring a certain property to his/her spouse while divorced and transferring a certain property to the other spouse, such division of property does not constitute a subject of revocation by a creditor, unless there are special circumstances to deem that such division of property is excessive beyond a considerable degree pursuant to the purport of Article 839-2(2) of the Civil Act, but it is not a subject of revocation by a creditor as a fraudulent act, but can not be deemed a legitimate division of property beyond a considerable degree, but there is a burden of proving that it is an excessive division of property beyond a considerable degree (see, e.g., Supreme Court Decisions 200Da14101, Jul. 28, 200; 200Da3284, Sept. 14, 2006).