사해행위취소
1. For shares of 2/11 of the real estate listed in the Schedule:
A. It was concluded on May 28, 2017 between the Defendant and B.
1. Facts of recognition - The plaintiff filed a lawsuit against B on the claim for the amount of transfer proceeds (Jansan District Court Decision 2007Gau368241) and made a decision of performance recommendation on July 12, 2007, which became final and conclusive around that time.
In order to extend the prescription period, the Plaintiff filed an application for a payment order with B for the payment order for the payment order for the payment order for the transfer payment for the transfer payment for the period of the prescription period (to be extended by Busan District Court Branch 2017Hu1222), and the payment order dated May 30, 2017, stating that “B shall pay to the Plaintiff 30% interest per annum from June 30, 2003 to the date of full payment, 12,678, and 895% interest per annum from June 30, 2003 to the date of full payment.”
6.1. B was served on B and became final and conclusive on the 16th of the same month.
- The owner of the real estate listed in the separate sheet (hereinafter “instant real estate”) is C, and C was dead on May 28, 2017 and C jointly inherited C’s property and D, E, B, and F (2/11 each of the inheritance shares) as his/her spouse and children.
- The agreement on the division of inherited property between the co-inheritors of C on May 28, 2017 between the Defendant’s sole inheritance of the instant real estate (hereinafter “instant agreement on the division of inherited property”) was concluded on May 28, 2017, and accordingly, the Defendant completed the registration of ownership transfer under the name of the Defendant on June 9, 2017 under the receipt of the said agreement on the division of inherited property.
- At the time of the instant agreement on the division of inherited property, B was insolvent.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, and the purport before oral argument
2. The assertion and judgment
A. According to the fact that the existence of a preserved claim is recognized, the Plaintiff holds a claim for the amount of money transferred to B at the time of the agreement on division of inherited property of this case, and the above claim is a preserved claim of the obligee’s right
B. The joint security for general creditors is reduced by giving up their share of inheritance to the instant real estate in the course of a division consultation on inherited property by B, an obligor in an insolvent state, such as fraudulent act and intent to cause a death or injury, without special circumstances.