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1. Upon receipt of a claim for change in exchange at the trial, the Defendant shall:
(a) 419,605,928 and in respect thereof;
Reasons
1. Facts of recognition;
A. On June 30, 2009, Busan Two Savings Bank Co., Ltd. (hereinafter “BB Savings Bank”) loaned 11 billion won to C Co., Ltd. at the maturity of payment on June 30, 2012 and at the interest rate of 11% per annum. B, on May 24, 2010, assumed office as the representative director of the foregoing company, and jointly and severally guaranteed the above loan obligations on June 15, 2010.
B. On June 17, 2010, B entered into a contract with the Defendant, who is his wife, to donate each of the real estate listed in the separate sheet Nos. 1 through 3 (hereinafter “each of the instant real estate”) to the Defendant (hereinafter “instant gift contract”). Accordingly, with respect to the real estate listed in the separate sheet No. 24587, Jun. 17, 2010; with respect to the real estate listed in the separate sheet No. 2 list No. 17602, Jun. 21, 2010; and with respect to each of the real estate listed in the separate sheet No. 3 list No. 17602, Jun. 21, 2010; the ownership transfer registration was completed on June 21, 2010, for each of the real estate listed in the separate sheet No. 17601, Jun. 21, 2010.
C. At the time of the conclusion of the instant donation contract, B had no particular property other than each of the instant real estate, and the obligation for joint and several liability to the Busan 2 Savings Bank was in excess of the active property.
At the time of the instant donation contract, the right to collateral security set forth in the separate list No. 1 was set up on 65 million won of the maximum debt amount and 84 million won, respectively, in the future, for the real estate set forth in the separate list No. 1, 200,000 won. However, around the time of the instant donation contract, the total amount of the actual secured debt of the said right to collateral security was KRW 110,394,072 (= Principal KRW 110,000,000; KRW 394,072) and thereafter the registration of the creation of the right to collateral security set forth in the aforementioned list No. 26, Mar. 26, 2013; and on February 21, 2014, the registration of the creation of the right to collateral security set forth in the aforementioned list No. 11
E. Busan District Savings Bank is declared bankrupt on May 20, 2013 by the Korea Deposit Insurance Corporation.