사해행위취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
C borrowed KRW 9 million from E Co., Ltd. (hereinafter “E”) on September 7, 2001, and entered into a microcredit guarantee insurance contract with the Plaintiff for the guarantee of its payment. On September 3, 2007, the Plaintiff entered into an insurance policy with the amount of KRW 9.9 million for the extension of the contract period, and the term of the microcredit guarantee contract with the Plaintiff from September 7, 2007 to September 6, 2008.
C In order to pay the above loan, E claimed for the payment of insurance money under the above guarantee insurance contract to the Plaintiff on October 8, 2008, and the Plaintiff paid KRW 9,498,424 to E on October 24, 2008.
Since then, C repaid KRW 6,308,331 to the Plaintiff on February 27, 2018, the Plaintiff’s claim against C as of February 27, 2018 is the principal amount of KRW 3,190,093, and damages for delay from October 25, 2008 to February 27, 2018, KRW 10,73,967, and KRW 13,924,060.
C Around August 28, 2017 (hereinafter referred to as “the deceased”). Around August 28, 2017, the wife of the deceased, the children C, G, and H, the inheritor, renounced inheritance and agreed on the division of inherited property with respect to the instant land, etc. owned by the deceased on November 30, 2017. On December 6, 2017, the Defendant completed the registration of ownership transfer due to the division of inherited property as of August 28, 2017.
[Ground of recognition] In the absence of dispute, the entry of Gap evidence Nos. 1 through 10, and the purport of the whole argument of the plaintiff as to the real estate of this case in excess of debt C is a fraudulent act detrimental to the general creditor against Gap including the plaintiff, while holding an agreement on the division of inherited property (hereinafter "agreement on the division of inherited property of this case").
Therefore, among the instant inherited property division consultation, the part relating to 2/9 shares, which are the inheritance portion of C, among the instant real estate, shall be revoked, and the Defendant shall implement the procedure for cancellation of ownership transfer registration with respect to 2/9 shares out of the instant real estate to C.