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1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On October 19, 2017, the Plaintiff issued a payment order against B to the effect that “B shall pay to the Plaintiff 522,447,959 won and 137,530,000 won per annum from November 5, 2017 to the date of full payment” to the effect that “B shall pay to the Plaintiff 15% interest per annum from November 5, 2017,” which became final and conclusive as of November 21, 2017.
B. Meanwhile, the Defendant, who is the wife B, completed the registration of ownership transfer on October 26 of the same year with respect to the Seocho-gu Seoul Metropolitan Government C Apartment 113 Dong 802 (hereinafter “instant apartment”) due to the sale on September 30, 2010.
C. On December 2, 2010, the Defendant: (a) set up two collateral on the instant apartment, namely, ① the maximum debt amount of KRW 520,000,000; (b) the New Distribution Foundation of the mortgagee; ② the maximum debt amount of KRW 780,00,000; and (c) the Korea Saemaul Bank of Dokwon-dong; and (d) the said collateral was cancelled on May 23, 2013.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The judgment of the Plaintiff asserts that the Defendant, who did not have certain income as a family owner on May 23, 2013, who received a donation of KRW 1,00,000,000 from his spouse who was in excess of his/her debt at the time, was liable to cancel the above donation contract between the Defendant and B within the scope of KRW 31,00,000, and that B is liable to pay the Plaintiff the said KRW 31,00,000 and the delay damages therefor.
However, there is no evidence to acknowledge the plaintiff's above assertion, and rather, according to the statements in Gap evidence 3, Eul evidence 1, Eul evidence 2-1 to 3, Eul evidence 3-1 to 3, and Eul evidence 3-1 to 3, the defendant entered into a contract with the lessee on March 8, 2013 to lease the apartment of this case with the lessee 1,350,000,000 won.
5. Any balance of 22.1,215,00,000 won.