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서울남부지방법원 2018.05.29 2017가단236651

사해행위취소

Text

1. As to shares of 2/11 of the real estate listed in the separate sheet:

(a) was concluded on January 20, 2017 between C and the Defendant.

Reasons

1. Facts of recognition;

A. On May 29, 2015, the Plaintiff filed a lawsuit against C with the Seoul Northern District Court No. 2015da32340, and subsequently rendered a favorable judgment against the Plaintiff on August 20, 2015, stating that “C shall pay to the Plaintiff 13,14,950 won and 8,361,087 won with interest of 29.9% per annum from December 19, 2014 to the date of full payment,” and the above judgment became final and conclusive on September 9, 2015.

B. On January 20, 2017, C’s act of disposal of property (1) GoD died with the remainder of the real estate indicated in the separate sheet (hereinafter “instant real estate”).

(2) The Defendant is a high-level D’s spouse, and C, E, F, and G are children between D and the Defendant.

(3) On January 20, 2017, C reached an agreement on the division of inherited property between the Defendant and other inheritors, including the Defendant, on the division of inherited property (only the part which was entered into between C and the Defendant on the share of inheritance C 2/11 of the inherited property) with the effect that C, E, F, and G renounces inheritance and the Defendant’s sole inheritance (hereinafter “instant agreement on the division of inherited property”).

(4) On March 30, 2017, the Defendant completed the registration of ownership transfer based on the instant inherited property division consultation under the Seoul Southern District Court’s receipt of the registration office of the Seoul Southern District Court (72649).

(5) At the time of the agreement on the division of the inherited property of this case, C had no particular property other than the inherited shares in the instant real estate, and C transferred the inheritance shares (2/11) of the instant real estate to the Defendant following the agreement on the division of the inherited property of this case, and C was in excess of its obligation.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 1-1, Eul evidence 1, the court H, and the court administration office's fact-finding results, the purport of the whole pleadings

2. Determination

A. (1) The agreement on division of inherited property (i) the inheritance commenced and the provisional co-inheritors shared inherited property among co-inheritors is all or part of the inheritance property.