사해행위취소등
1. The agreement on the division of the inherited property on November 14, 2017 between the defendant and C on November 14, 2017 is 5,377.
A. In the event that the registration of creation of a mortgage was cancelled due to repayment after a fraudulent act, etc., the revocation of the fraudulent act and ordering the restoration of the real estate itself would restore the portion that was not originally owned by the general creditors to the portion that was not jointly secured by the general creditors, and would be contrary to the fairness and fairness, and the value of the real estate could be cancelled and ordered to compensate for the value of the fraudulent act within the extent of the balance remaining after deducting the secured debt amount of the mortgage from the value of the real estate. Therefore, the amount of compensation should be calculated by deducting the secured debt amount of the mortgage cancelled from the value of the real estate
(2) On February 13, 1998 (see, e.g., Supreme Court Decision 97Da6711, Feb. 13, 1998) In accordance with the above legal principles, this case ought to be restored to its original state in accordance with the above legal principles. The scope of compensation is calculated as follows. The amount of the secured debt amount of the right to collateral security to be deducted from KRW 72,50,00 at the time of closing of argument: KRW 50,991,328 (i.e., KRW 45,979, KRW 131, KRW 5,012,197): The amount of the secured debt amount of the general creditor’s joint collateral amount: KRW 21,508,672 (= KRW 72,500,000 - KRW 50,91,328). Since the amount of the share held by the Defendant exceeds the amount of the Plaintiff’s joint collateral amount to the Plaintiff’s KRW 15,575375.
In conclusion, the agreement on the division of inherited property between the defendant and C constitutes a fraudulent act, and thus, it shall be revoked within the scope of KRW 5,377,168. The defendant shall pay to the plaintiff damages for delay calculated at the rate of KRW 5,377,168 and 5% per annum as stipulated by the Civil Act from the day following the day when the judgment becomes final and conclusive to the day of complete payment.
3. The plaintiff's claim is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.