사해행위취소 등
1. As to shares 2/17 of the real estate listed in the annex:
A. Inherited property concluded on February 12, 2013 between the Defendant and B.
1. Facts of recognition;
A. B around April 1993, in arrears with the payment of the price by using a credit card issued by Samsung Card Co., Ltd., and on July 15, 2014, the amount in arrears as of July 15, 2014 is KRW 5,438,545 in total, including the principal, KRW 1,00,000,000, interest, etc.
B. Since then, Samsung Card Co., Ltd.: (a) to Korea-Japan Asset-backed Specialized Company; (b) to Solomon Mutual Savings Bank; (c) to Solomon Mutual Savings Bank; and (d) to the Plaintiff, the Solomon Mutual Savings Bank transferred the credit card payment claim to the Plaintiff; and (e) notified the said transfer to B.
C. On September 29, 2010, Solomon Mutual Savings Bank filed a lawsuit against B against the Seoul Central District Court No. 2010da446150, and the above court rendered a judgment on September 29, 2010 that “B shall pay to the Plaintiff the amount calculated at the rate of 18% per annum from October 8, 2009 to the date of full payment, with respect to KRW 5,211,211, and its KRW 1,000,000.” The above judgment became final and conclusive around that time.
On the other hand, C, as referred to in B, owned the real estate listed in the attached Form (hereinafter “instant real estate”) and died, and jointly inherited the network C by Defendant B, E, F, G, H, and I, who is the wife and children. The inheritance shares of B are 2/17.
E. On February 12, 2013, the co-inheritors, including the Defendant, etc., entered into an agreement on the division of inherited property to transfer the ownership of the instant real estate to the Defendant (hereinafter “instant division agreement”) and the Defendant, based on such agreement, completed the registration of ownership transfer under the receipt of the Busan District Court Busan District Court Registry No. 48117, Aug. 13, 2013.
F. B had already been in excess of obligations at the time of the instant divisional consultation.
[Ground of recognition] Facts without dispute, entry in Gap 1 through 7, purport of the whole pleadings
2. Determination
A. The agreement on division of the inherited property established by a fraudulent act is all as to the inherited property which was provisionally owned by co-inheritors after the commencement of inheritance.