사해행위취소
1. It was concluded on January 21, 2014 with respect to the 1/5 shares in the real estate listed in the separate sheet between Nonparty C and the Defendant.
1. Facts of recognition;
A. On May 17, 2011, the Plaintiff filed a lawsuit against C with the Busan District Court 2010da134574 against the Plaintiff’s claim for the takeover amount against C, and the said court rendered a judgment on May 17, 2011 that “C shall pay to the Plaintiff 63,293,098 won and its 29,635,045 won with interest of 17% per annum from September 9, 2010 to the date of full payment,” and the said judgment became final and conclusive as it becomes final and conclusive.
On January 26, 2018, while the lawsuit in this case was pending, the Plaintiff succeeded to the instant lawsuit on January 26, 2018, pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation, and the Plaintiff succeeded to the instant lawsuit on July 5, 2018. The Plaintiff filed an application for withdrawal from the instant lawsuit on July 6, 2018.
B. As the obligor C and the Defendant’s mother D (hereinafter “the deceased”) died on January 21, 2014, five children including the Defendant and C jointly inherited the Deceased.
(C) The statutory inheritance portion is 1/5). The real estate listed in the separate sheet (hereinafter “instant real estate”) was located as active property at the time of the death of the Deceased, but the Defendant completed the registration of ownership transfer as to the instant real estate on July 28, 2014 by the Busan District Court’s receipt of the Busan District Court’s Registry No. 41222, Jul. 28, 2014, on the ground of inheritance by division (hereinafter “instant division agreement”).
C. At the time of the division consultation of this case against the debtor C's insolvency, C was liable to the plaintiff for the debt of the acquisition amount, while there was no particular active property except the real estate of this case, which is inherited property.
After the registration of ownership transfer in the name of the defendant, the registration of ownership transfer in the name of the defendant is completed.