사해행위취소 등
1. The Defendants and Nonparty C concluded on June 6, 2015 with respect to 2/9 shares in the real estate listed in the separate sheet.
1. Facts of recognition;
A. On March 12, 2008, the Seoul Central District Court rendered a judgment (1) that “C shall pay to the Plaintiff 5,885,477 won and the amount calculated by the rate of 17% per annum from October 25, 2003 to March 8, 2008, and 20% per annum from the next day to the day of full payment” (2008 Ghana). The above judgment became final and conclusive around that time.
(2) As of October 30, 2015, the sum of the claims described in the Plaintiff’s above (1) is KRW 17,916,520 (= principal KRW 5,885,477 delay damages of KRW 12,031,043).
B. Meanwhile, the real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by D, and D died on June 6, 2015, and D inherited the said real estate in the shares of 3/9 of Defendant A, his wife, C, E, and Defendant B, respectively.
C. On June 6, 2015, the deceased’s inheritors divided the inherited property agreement with the Defendants holding 1/2 shares of each of the instant real estate (hereinafter “instant agreement division”). The Defendants completed each registration of ownership transfer under the Seoul Central District Court’s receipt No. 208826, Jul. 31, 2015 with respect to shares of 1/2 shares of each of the instant real estate.
At the time of the division of the instant case, C did not have any special property in addition to 2/9 of the inheritance shares concerning the instant real property.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 6, Eul evidence No. 3, fact inquiry results against the Court Administration Office, the purport of the whole pleadings
2. Determination
A. (1) The establishment of a fraudulent act constitutes, in principle, a fraudulent act committed against a creditor even in cases where a debtor in excess of his/her obligation waives his/her right to his/her share of inheritance while holding a divided agreement on the division of inherited property.
As seen earlier, C, who did not have any other active property than 2/9 shares of the instant real estate, inherited property, as seen earlier, shall be liable to the Plaintiff.