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1. The contract of donation concluded on February 6, 2015 between the defendant and B shall be revoked.
Reasons
1. Basic facts
A. On September 30, 2010, the Plaintiff was sentenced to the Seoul Central District Court Decision 2010Gahap5958, that “B, C, and D shall jointly and severally pay to the Plaintiff KRW 163,667,089 and delay damages.” The amount of claims against B remaining after the partial repayment is KRW 133,39,249.
B. On February 6, 2015, B concluded a donation contract with the Defendant, who is the wife for each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) (hereinafter “instant donation contract”), and on February 11, 2015, on February 11, 2015, B entered into each of the instant real estate with the Defendant as the receipt of the Inyang Branch Branch Branch of the Suwon District Court No. 19577.
(hereinafter “instant transfer registration”). C.
At the time of the donation contract of this case, B was in excess of debt, and there was no other active property except each real estate of this case.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings
2. The assertion and judgment
A. According to the above facts, barring any special circumstance, the instant gift contract that B entered into with excess of debt is fraudulent in relation to other creditors, including the Plaintiff, and B knew that there was a shortage of common security due to the instant gift contract, and the Defendant’s bad faith, a beneficiary, was presumed.
B. As to this, the defendant did not know about excess of debt B, and argued to the effect that each of the real estate of this case was donated with good faith on condition of nursing B, but the presumption of bad faith cannot be deemed to have been reversed solely on the ground that the defendant asserted that it was a good faith. Thus, the above argument by the defendant
C. Therefore, the gift contract of this case must be revoked by fraudulent act, and the defendant, as a result, shall implement the procedure for the cancellation registration of the transfer registration of this case to B.