사해행위취소
All of the plaintiff's claims are dismissed.
Litigation costs shall be borne by the plaintiff.
1. The following facts are found either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence of Nos. 1 to 4 (including evidence with serial number), Eul evidence of No. 1 and 2:
A. On January 23, 2009, the Plaintiff leased KRW 400,000 to D Co., Ltd. (hereinafter “Nonindicted Company”) on the joint and several guarantee of C (hereinafter “Nonindicted Company”) as of March 2, 2010.
B. On April 22, 2010, the Plaintiff applied for a payment order against Nonparty Company and C with the Seoul Central District Court 2010 tea28095, and on April 22, 2010, the above court issued a payment order stating that “The Nonparty Company and C shall pay to the Plaintiff the amount calculated at the rate of 20% per annum from the day following the delivery of the original copy of the payment order to the day of complete payment,” and the above payment order became final and conclusive thereafter.
C. As of June 24, 2019, the amount of the Plaintiff’s loan claim against Nonparty Company and C is KRW 503,896,977, totaling the principal and interest.
On the other hand, each real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by C and E, the father of the Defendant, and as E died on August 23, 2018, H H’s substitute heir I inherited the property of E, who was deceased before the death of G, Defendant, C, and E.
E. The inheritors of E concluded an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the effect that equity 1/10 of the instant real property is F, 9/10 is inherited by the Defendant and the remaining inheritors, including C, do not inherit the said real property, and completed the inheritance registration on March 20, 2019.
F. C at the time of the split-off consultation of the instant inherited property, there was no particular property other than the statutory inheritance shares regarding the instant real property.
2. The assertion and judgment
A. The Plaintiff’s joint and several liability obligor, as the Plaintiff’s joint and several liability obligor, is the only property through the division agreement of the instant inherited property under insolvent.