사해행위취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
A. D transferred C’s loan claims to Korea Asset Management Corporation. On August 28, 2012, the Korea Asset Management Corporation transferred the above claim to E Co., Ltd. (hereinafter “E”).
E applied for a payment order against C on November 8, 2012 with respect to the above claim, and the payment order was issued on December 6, 2012 to the effect that “C shall pay E KRW 7,747,510 and delay damages for KRW 2,182,202 among them” (hereinafter “the instant claim”).
B. On August 8, 2019, E transferred the instant claim to the Plaintiff, and notified C of the fact of transferring the claim.
C. The Defendant and C’s mother died in around 2017, and the Defendant, C, G, and H inherited their respective 1/4 shares in F’s property.
On June 29, 2017, Defendant, C, G, and H entered into an inheritance agreement with the purport that the instant real estate owned by F shall be owned by the Defendant (hereinafter “instant division agreement”).
Accordingly, on September 27, 2017, the registration of transfer of ownership in the name of the defendant (hereinafter “the registration of transfer of ownership”) was completed by the Incheon District Court No. 360281, Sept. 27, 2017 due to the inheritance under the division agreement with respect to the instant real estate.
E. At the time of the instant division agreement, C did not have any special property.
F. The Defendant sold the instant real estate to I on September 30, 2019, and completed the registration of ownership transfer on October 1, 2019.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Judgment on the parties' arguments
A. The instant partition agreement with respect to the portion of 1/4, which is the share of C, among the real estate in this case’s assertion, should be revoked as a fraudulent act. Since the instant real estate is sold to I and it is impossible to return its original property, the instant partition agreement is revoked according to the value compensation, and is equivalent to the market value of the said 1/4 shares.