사해행위취소
1. As to shares in 2/9 of the real estate listed in the separate sheet:
A. It was concluded on December 10, 2015 between the Defendant and B.
1. Facts of recognition;
A. The Plaintiff has, with respect to B, the Seoul Western District Court Decision 201Kadan35695 Claims for Reimbursement, which was based on the final and conclusive judgment rendered on October 19, 2011, KRW 397,827,601, and each of its damages for delay.
B. On December 10, 2015, as to the real estate listed in the separate sheet owned by the deceased C (hereinafter “the deceased”), B entered into an agreement on the division of inherited property (hereinafter “instant agreement”) with the Defendant, co-inheritors (the mother, D, and B’s sibling), who is the co-inheritors, and the Defendant solely owned by the Defendant. Based on such agreement, B’s inheritance shares were completed on January 6, 2016 under the name of the Defendant (hereinafter “instant registration of ownership transfer”) under the Daegu District Court’s registry No. 2032, Jan. 6, 2016.
C. At the time of the consultation division agreement of this case, B did not have any active property.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. According to the facts of the recognition of the existence of the preserved claim, the plaintiff has a claim against B with a judgment amount, and the above claim was already established at the time of the agreement on division of agreement in this case, and thus, the above claim is a preserved claim of the obligee's right of revocation.
B. The agreement on the division of inherited property (1) is a juristic act aimed at property rights in its nature as it becomes final and conclusive by having all or part of the inherited property provisionally owned by co-inheritors upon commencement of inheritance as a sole ownership of each inheritor or as a new co-inheritors, and thus, it becomes subject to the exercise of the right to revoke fraudulent act (see, e.g., Supreme Court Decision 2000Da51797, Feb. 9, 2001). As such, the joint security for the general creditors has decreased by the debtor in a situation of excess of debt, while giving up his/her right to the inherited property upon consultation on the division of inherited property.