사해행위취소
1. As to shares of 2/9 of each real estate listed in the separate sheet:
A. It was concluded on August 1, 201 between the Defendant and B (C).
1. Facts of recognition;
A. On January 3, 2012, the Plaintiff received the claim against Samsung Card Co., Ltd. for the transfer of the claim against Samsung Card Co., Ltd. and filed a claim for payment order against B (D after the name of the title) with the Seoul Western District Court 2013 teaM89352, and on December 26, 2013, the payment order was finalized on January 21, 2014, stating that “B shall pay to the Plaintiff damages for delay for KRW 36,324,291 and for KRW 10,402,227 among them.”
B. Meanwhile, on August 1, 201, the deceased’s owner of each real estate listed in the separate sheet died on or around August 1, 201, and there were two (2) the deceased’s inheritors, B, and the deceased’s inheritors. However, the deceased’s inheritors entered into an agreement on the division of inherited property that the Defendant would own each of the said real estate solely (hereinafter “division of inherited property”). Accordingly, on April 27, 2012, B completed the registration of ownership transfer (hereinafter “instant transfer of ownership”) with respect to each share indicated in the order corresponding to their respective shares of inheritance (hereinafter “instant shares”). At the time, B did not have any other property than the instant shares.
(Reasons for recognition; Reasons for non-contentious facts; entries in Gap 1 through 5 and the purport of the whole pleadings
2. The defendant's judgment on the defendant's main defense of safety brought the lawsuit of this case only after 2 years and 3 months from the time of division of the inherited property of this case, and as at the time of the application for the payment order against B, the above division of consultation was known to be constituted a fraudulent act by entering the domicile of the original state F in the address at the time of the application for the payment order against B, and therefore, the lawsuit of this case shall be dismissed
However, in the exercise of the obligee's right of revocation, "the date when the obligee becomes aware of the cause of the revocation" means the date when the obligee became aware of the requirement of the obligee's right of revocation, that is, the date when the obligor knew that it would prejudice the obligee.