사해행위취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion that: (a) C, who did not pay taxes as indicated in the separate sheet of tax in arrears, renounced one-fourth share of each of the first and second real estate inherited from his father D on November 21, 2014; and (b) the Defendants agreed on the division of inherited property with the purport of transferring the ownership to the Defendants; and (c) the Defendants accordingly reduced the joint collateral for the general creditors of C by completing the registration of ownership transfer with respect to each of the above 1/4 shares in the future; (d) the above division agreement shall be revoked as it constitutes a fraudulent act; and (e) the Defendants are obliged to implement the registration procedure for transfer of ownership with respect to each of the 1/4 shares of the first and second real estate on the grounds of the restoration of the authentic registration name.
2. Determination
A. On the other hand, if the joint security against the general creditor has decreased as a result of the debtor having already been in excess of his/her obligation’s split-off agreement on inherited property while giving up his/her right to the inherited property, then it constitutes a fraudulent act in principle.
Among co-inheritors, a person who received a donation or testamentary gift of the property from the inheritee among co-inheritors has a share of inheritance only to the extent that the given property falls short of his/her share of inheritance (Article 1008 of the Civil Act). In cases where there are special beneficiaries among co-inheritors, a specific share of inheritance is calculated by modifying the given statutory share of inheritance by considering such special benefits. In calculating such specific share of inheritance, the method of calculating the value of the property held by the inheritee at the time of the commencement of inheritance shall be calculated by adding the value of the donation before the commencement of inheritance to the value of the property held by the inheritee at the time of the commencement of inheritance, which is calculated by multiplying this value by the statutory share of inheritance by each co-inheritors, the value of the donation or testamentary gift, which is the gift of the special beneficiary