사해행위취소
1. The Defendants and G entered into February 19, 2018 with respect to 4/30 shares of each real estate listed in the separate sheet.
1. The facts of recognition G received loans, respectively, by setting 26,00,000 won from the Jeju H on July 4, 2013 (hereinafter “Nonindicted Bank”) at 60 months of loans, interest rate of 33.9% per annum, and overdue interest of 39% per annum.
G loses the benefit of time due to the failure to repay the principal and interest of the above loan, and the above loan contract was terminated. As of July 5, 2018, the above principal and interest obligation owed to the non-party H bank by G to the non-party H bank reaches KRW 54,79,476.
On December 20, 2016, the Plaintiff acquired the principal and interest of loan from Nonparty H Bank to G (hereinafter “instant loan”).
I, as the defendants, died on February 19, 2018, and at the time of the death, J and G, the defendants and children, who were the wife of the non-party deceased, and the defendants and G, K spouse: 3/15, and children: 2/15 respectively.
On March 29, 2018, the registration of ownership transfer was made on March 19, 2018 under the name of the Defendants based on the division on February 19, 2018 (hereinafter “instant agreement on the division of inherited property”).
[Ground of appeal] Facts without dispute, Gap's evidence Nos. 1 through 10, the purport of the whole pleadings
2. Determination
A. According to the fact that the existence of the secured claim is recognized, the Plaintiff had the claim for the transfer money to G at the time of the agreement on the division of the inherited property of this case, and thus, the above claim is the preserved claim for the obligee’s right of revocation regarding the agreement on the division of inherited property
B. The agreement on the division of the inherited property established by a fraudulent act is to confirm the reversion of the inherited property by either having all or part of the inherited property provisionally owned by co-inheritors upon the commencement of inheritance or by performing it as a new co-ownership relationship, and is therefore a juristic act aiming at property rights in view of its nature.