사해행위취소
1. As to the real estate listed in the separate sheet between the Defendant and B, a contract for the consultation and division of inherited property concluded on September 6, 2015 is concluded.
1. Basic facts
A. The Plaintiff filed a lawsuit for credit card use price and loan claim with the Incheon District Court 2007Da32510 regarding the credit card and credit card loan loan claim against B.
On July 4, 2007, the above court rendered a judgment that "B shall pay to the Plaintiff 84,095,626 won and 37,028,518 won among them at the rate of 25% per annum from March 17, 2007 to the date of full payment," and the above judgment became final and conclusive as it is.
However, as of June 16, 2016, B did not repay its obligations to the Plaintiff, the amount as of June 16, 2016 leads to KRW 162,580,183 ( principal amount, KRW 30,798,841, and KRW 131,781,342).
B. Meanwhile, the mother C died on September 6, 2015, and accordingly, C’s property was jointly inherited at the ratio of 3/7 of the Defendant, who is his spouse, and 2/7 of B and D, respectively.
C. Co-inheritors, including the Defendant, entered into an agreement on the division of inherited property (hereinafter “instant agreement on division”) with the content that the real estate listed in the separate sheet owned by C (hereinafter “instant real estate”) shall be owned solely by the Defendant, the spouse of C, and accordingly, the Defendant completed the registration of ownership transfer on October 7, 2015.
On the other hand, B did not have any active property except for the inheritance shares in the instant real estate at the time of the split-off consultation.
[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, Eul evidence 1, Eul evidence 2, gist of whole pleadings]
2. Determination
A. According to the facts of the existence of the preserved claim and the recognition thereof, the Plaintiff shall be deemed to have held a credit card payment and other claims against B at the time of the instant split-off agreement. Therefore, the above claim shall be subject to the revocation of the fraudulent act.
(b) The fraudulent act and the intention of the deceased will sell real estate, which is the only property of the debtor, and change it into money which is easily consumed or to other persons free of charge.