사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On October 29, 2009, Chuncheon District Court 20280, Chuncheon District Court 2009, and sentenced D to the judgment that “D shall pay to the Plaintiff the amount calculated at the rate of 20% per annum from October 29, 2009 to the date of full payment,” and this judgment became final and conclusive on December 8, 2009.
The Plaintiff acquired a claim against D from the E bank and received an execution clause for succession to the said judgment, and the certified copy of the succeeded execution clause was served on D April 20, 2013.
On September 15, 2018, F, the father of D, died on September 15, 2018 (hereinafter “the deceased”), and succeeded to the real estate indicated in the attached list, which is the property of the deceased (hereinafter “the apartment of this case”). They agreed to move the apartment of this case to the Defendant (hereinafter “instant division consultation”), and accordingly, on January 3, 2019, the registration of transfer of ownership in the name of the Defendant was completed due to the inheritance by the said division as to the apartment of this case.
On the other hand, D did not have any property at the time of the division consultation in this case.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 10 evidence, purport of the whole pleadings
2. Determination:
A. The acquisition amount claim against D by the Plaintiff as to the existence of the preserved claim is the preserved claim in the lawsuit seeking revocation of the fraudulent act in this case.
B. The agreement on the division of inherited property of a fraudulent act is to confirm the attribution of inherited property by either wholly or partially owning the inherited property of each inheritor or performing it as a new co-ownership relationship with respect to the inherited property provisionally owned by co-inheritors upon the commencement of inheritance. Since it is a juristic act aimed at property rights in its nature, it may be subject to the exercise of the right to revoke the fraudulent act. Meanwhile, the debtor may sell the inherited property, which is its only property, and change it with money easily consumed