1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff’s claim 1) filed a lawsuit against C on January 16, 2014 against the Seoul Central District Court 2014Kahap502815, the Plaintiff asserted that C is liable for damages sustained by the Plaintiff as it breached the fiduciary duty while handling the deposit affairs entrusted by the Plaintiff on June 5, 2013. (2) The said court accepted part of the Plaintiff’s claim and rendered a judgment in favor of the Plaintiff that “C shall pay to the Plaintiff 41,089,280 won per annum from October 22, 2013 to July 10, 2015, and damages for delay at each rate of 20% per annum from the next day to the date of full payment,” which became final and conclusive as is.

B. C’s act of disposing of property 1) C’s act of disposing of property on March 12, 2008 to the Defendant, who is the spouse, on March 12, 2008, as indicated in the attached list (hereinafter

On December 20, 2007, C completed the principal registration based on the provisional registration on September 7, 2015 with respect to the instant real estate on the ground of the gift made by December 20, 2007. (2) C completed the principal registration based on the said provisional registration on the ground of the gift made by August 1, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 7, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The purport of the Plaintiff’s assertion is to conclude the principal registration of transfer of ownership on the instant real estate to the Defendant, who is the spouse, in the event of insolvency or excess of debt, constitutes a fraudulent act.

Therefore, the Plaintiff’s exercise of the right of revocation revocation, which is the cause of the principal registration, cancelled the gift contract on August 1, 2015, which is the cause of the principal registration. Accordingly, the Defendant is obligated to implement C with the procedure for cancellation of ownership transfer registration as to the instant real estate

B. The gist of the Defendant’s assertion was that the Defendant had already completed provisional registration on the instant real estate before completing the principal registration, and thus C’s act of disposing of the instant real estate.