사해행위취소
1. As to the portion of 1/4 of the real estate listed in the separate sheet:
A. The Defendant and Nonparty B concluded on January 17, 2013.
1. Basic facts
A. On July 22, 2011, the Plaintiff loaned KRW 7 million to Nonparty B at an annual interest rate of 14.7% (Annual interest rate of 21%). Since July 20, 2012, B delayed repayment of principal and interest after July 20, 2012, and the Plaintiff’s debt remains at KRW 8,616,541 as of June 13, 2013.
B. The heir of the father B, who was his child, and the Defendant, B, D, and E entered, entered into an agreement on the division of inherited property with the purport that on January 17, 2013, the said heir, the sole inherited property indicated in the separate sheet (hereinafter “instant real property”) reverts to the Defendant. Accordingly, the Seoul Northern District Court’s Dobong District Court’s receipt on March 18, 2013, completed the registration of the transfer of ownership in the Defendant’s name under the name of the Defendant as of March 18, 2013.
C. B at the time of the above agreement on division of inherited property, the inheritance share of the instant real estate was the sole property.
【Ground for Recognition: Facts without dispute; Gap evidence 1 through 5; Gap evidence 6-1, 2, and 3; fact-finding results with respect to the Court Administration Office; purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the facts found earlier, the Plaintiff’s above claim against B arising prior to the agreement on division of inherited property between the Defendant and B, and thus constitutes a preserved claim against the right to revoke the fraudulent act.
B. The agreement on the division of inherited property of one deceased and deceased will shall be concluded with respect to inherited property, which has been provisionally owned by each inheritor after the commencement of inheritance, and thus becomes final and conclusive by having all or part of the inherited property, which is provisionally owned by all co-inheritors, or by implementing it into a new co-ownership relationship, and therefore for the purpose of property rights in its nature, it may be subject to the exercise of the right to revoke the fraudulent act. Meanwhile, barring special circumstances, the debtor's act of selling real property, which is only one of his own property, and changing