1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

The plaintiff is a company established for the purpose of manufacturing, processing, selling, distributing, etc. food and beverages.

On March 18, 2014, the Plaintiff entered into an agreement with C to supply the Plaintiff’s products to C during the contract period and pay C the price.

On August 21, 2014, the former husband B of the defendant set the guarantee limit of KRW 100,000,000 and the guarantee period of the above contractual obligation of the C as three years and jointly and severally guaranteed.

The Plaintiff filed an application with the Seoul Central District Court for payment order against B and C concerning the price of goods under the above contract as Seoul Central District Court Decision 2016 tea238292. On August 8, 2016, the said court jointly and severally ordered B and C to pay KRW 56,661,260, the balance of the goods under the above contract, and delay damages therefor. The payment order was finalized on October 5, 2016 for B and August 26, 2016 for C respectively.

On the other hand, D and B shared each real estate listed in the separate sheet at the ratio of 1/2 shares, but on October 20, 2015, the property division of B among each real estate listed in the separate sheet was based on the property division on October 20, 2015 (hereinafter “instant property division”). In April 15, 2016, the ownership transfer registration was made on April 15, 2016.

(2) The property division of this case between the Defendant and B constitutes a fraudulent act, and the agreement between the Defendant and B on the property division of this case is revoked, and the ownership transfer registration of this case, which has been made under the agreement on the property division of this case, shall be revoked as restitution following the revocation of the agreement.

Judgment

Division of property according to the relevant legal principles is supported by the other party in the nature of liquidation of common property formed through mutual cooperation during marriage.