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1. The contract of donation concluded on July 21, 2016 between the defendant and C shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff loaned money to C from around 2010 to May 19, 2016, and C borrowed KRW 75,000,000 from the Plaintiff as D Law Firm Certificate 2016 and 479, and repaid KRW 15,00,000 each five times from August 19, 2016, and the Plaintiff prepared a notarial deed that pays interest of 10% per annum from June 6, 2016 to the Plaintiff.
B. On July 21, 2016, C donated each real estate listed in the separate sheet (hereinafter “instant land”) to the Defendant (hereinafter “instant gift agreement”) (hereinafter “instant land”). On July 21, 2016, the Incheon District Court’s reinforcement registry office of the Incheon District Court completed the registration of ownership transfer under the name of the Defendant as the receipt No. 18166 on July 21, 2016.
C. The defendant is C's spouse.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 2, the purport of the whole pleadings
2. Determination as to the cause of claim
A. According to the above recognition of the existence of the preserved claim, the Plaintiff’s claim based on the above notarial deed against C was already established prior to the conclusion of the gift contract of this case, and thus, the Plaintiff’s creditor’s claim is the preserved claim against the Defendant.
B. “Legal act detrimental to the obligee”, which is the requirement for the obligee’s right of revocation, refers to a juristic act that causes a decrease in the obligor’s property due to the obligor’s disposal of the obligor’s property, thereby making it impossible for the obligee to fully satisfy the obligee’s claims. As such, such fraudulent act may be established not only in excess of the obligor’s obligation prior to the disposal of the property, but also in a case where the obligor’s disposal of property, such as a summary, donation of money, etc., falls short of the obligor’s obligation (see, e.g., Supreme Court Decision 2011Da82360, Feb. 23, 2012).