1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. B’s debt B to the Plaintiff was obtained from the Plaintiff on December 1, 2008 and used by the Plaintiff with the credit card (credit number C) from the Plaintiff.

B From May 7, 2013, the credit card fee was overdue, and as of February 14, 2014, the sum of arrears amount is KRW 24,830,450.

B. On April 19, 2013, B entered into a property division agreement with the Defendant with respect to the instant apartment on the attached real estate (hereinafter “instant apartment”) registered as one’s own ownership, and completed the registration of transfer of ownership in the name of the Defendant on April 19, 2013 with respect to the instant apartment, under which the Defendant would own the instant apartment (hereinafter “instant property division agreement”). The Seocho-gu District Court’s South Jeju District Court’s receipt office of April 19, 2013 as the above property division agreement was completed.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 6 (including a Ga number)

2. The parties' assertion

A. The conclusion of the instant property division agreement with the Plaintiff’s excessive debt constitutes a fraudulent act, and the Defendant’s bad faith is presumed.

Therefore, since the division of property of this case was revoked within the limit of 24,830,450 won, which is the amount of claim against the plaintiff B, and the return of originals was impossible, the defendant is obligated to pay the plaintiff 24,830,450 won and damages for delay.

B. The Defendant transferred the instant apartment building with the division of property, etc., upon the divorce between Defendant and B on April 16, 2013, and thus, the instant division agreement does not constitute a fraudulent act.

3. The division of property in a judgment divorce shall contribute to the maintenance of the other party’s livelihood at the same time to liquidate and distribute the common property of the actual husband and wife having been married, but at the same time to compensate for the mental damage (defensive material) incurred by divorce by the split-off’s act.