1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. B entered into a credit card use agreement with the Plaintiff on April 16, 2013; however, as of August 21, 2015, B delayed payment of the credit card use fee; as of August 21, 2015, B bears the Plaintiff’s obligation of KRW 26,458,649 in total of the credit card use fee and the principal and interest interest interest.

B. On June 3, 2015, B completed the registration of ownership transfer for the instant apartment on the grounds of donation to the Defendant.

C. On June 16, 2015, the Defendant: (a) cancelled the registration of creation of a neighboring mortgage with respect to the instant apartment; (b) the obligor B and the mortgagee Co., Ltd.; and (c) completed the registration of creation of a neighboring mortgage with respect to the Defendant as the Defendant and the Korean National Bank Co., Ltd. on the same day.

On August 17, 2015, the defendant filed a divorce report with B.

[In the absence of dispute, entry of Gap evidence 2-1, 2-2, and Gap evidence 3, the purport of the whole pleadings]

2. The summary of the Plaintiff’s assertion is that even if the Defendant completed the registration of ownership transfer of the instant apartment under the pretext of division of property while the agreement with B was married with B, considering that the instant apartment was the only property in excess of the debt at that time, it constitutes a fraudulent act.

3. Determination

A. In light of the fact that the division of property following divorce is a liquidation of common property formed through mutual cooperation between both parties during marriage, it is not necessary to revoke the division of property as a fraudulent act, unless there are special circumstances to recognize that the division of property exceeds a reasonable degree under the purport of Article 839-2(2) of the Civil Act as a result of the reduction of joint security against general creditors by transferring a certain property to the spouse while the obligor in excess of a debt is divorced and transferring a certain property to the spouse as a result of the division of property.