사해행위취소
1. The inherited property as of November 22, 2012 with respect to 1/5 shares of each real estate listed in the separate sheet between Defendant A and C.
Facts of recognition
C had jointly and severally guaranteed the debt of Samsung Card Co., Ltd., and since the transfer on April 30, 2003 to Samsung Card Co., Ltd, the claim against Samsung Card Co., Ltd was transferred to the Plaintiff through various stages.
The Plaintiff was issued a payment order to C with the Seoul Western District Court 2013 tea43897, stating that “The Plaintiff shall pay 30,292,55 won and 8,172,793 won a year of 20% per annum from July 5, 2013 to the day of full payment.”
C The A’s father died on November 22, 2012, and the F, C, G, H, and Defendant A 5, their children, jointly inherited the E’s property at the ratio of 1/5 shares.
C and co-inheritors, including Defendant A, agreed on the division of inherited property that Defendant A would independently own each real estate listed in the separate sheet owned by E (hereinafter “instant real estate”). Accordingly, Defendant A completed the registration of ownership transfer on the ground of an agreement on division of inherited property (hereinafter “instant agreement on division of inherited property”) on November 22, 2012 with respect to the instant real estate on April 30, 2013.
On May 15, 2013, Defendant A completed the registration of ownership transfer on the instant real estate due to the gift from May 6, 2013 to Defendant B, who is a child of Defendant C.
F. C at the time of the division consultation of the inherited property of this case, there was no other assets except the inheritance shares of this case.
[Ground of recognition] A.1 to 10, and 13, and the establishment of fraudulent act to judge the purport of the entire pleadings is the share of this case among the real estate of this case on November 22, 2012 in the situation where A.1 to 10, and 13, and the purport of the entire pleadings, have been borne by the Plaintiff or the transferor of the Plaintiff on November 22, 2012
A. After succession, the instant inherited property is the sole property between Defendant A and the sole property of Defendant A.