사해행위취소
1. As to shares of 2/9 of each real estate listed in the separate sheet:
A. It was concluded on January 29, 2016 between the Defendant and B.
1. Basic facts
A. On March 26, 2014, the Plaintiff’s global loan No. 2014Hu2446 against P&P Co., Ltd. (hereinafter “B”) was issued a payment order order against B to the effect that “B shall pay KRW 5,171,382 to P&P global loans and KRW 3,121,739 per annum 20% per annum from the day following the delivery of the original copy of the payment order to the day of full payment.” The above payment order order decision became final and conclusive around that time. (2) On December 31, 2015, the Plaintiff absorbing F&P global loans to P&P.
B. Division C of the Defendant’s name on each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) died on January 29, 2016, and jointly inherited the property of the Defendant and his/her children, D, E, and B (the share of inheritance) (the Defendant, D, E, and B), the co-inheritors of the network C, who are the co-inheritors of the Defendant, D, E, and B, on January 29, 2016, respectively, agreed on the division of inherited property (hereinafter “instant agreement on the division of inherited property”). Accordingly, on March 29, 2016, the Defendant completed the registration of ownership transfer on each of the instant real estate based on the agreement on division of inherited property as to each of the instant real estate owned by the network C on January 29, 2016.
【Ground for recognition】 The fact that there has been no dispute, entry of Gap 1 through 10 (including branch numbers, if any) and the purport of whole pleadings
2. Determination:
A. According to the above fact of recognition of the existence of the preserved right, the Plaintiff’s claim for the amount of money taken over against B was incurred prior to the agreement on division of inherited property in this case and becomes the preserved claim.
B. The agreement on division of the inherited property by fraudulent act and by deceased will shall be the sole ownership of each inheritor with respect to the inherited property provisionally owned by co-inheritors after the commencement of inheritance.