사해행위취소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 2, 2011, the Plaintiff loaned KRW 500 million to G with the maturity of KRW 15 million per month, which was August 3, 2011. (2) The Plaintiff and G decided on December 28, 2011 to change the first repayment period of the said loan into January 3, 2012.
G issued to the Plaintiff on the same day a notarial deed containing the purport of recognizing compulsory execution.
B. On October 4, 2012, the mother of the G under which the Plaintiff and H and I entered into a joint and several guarantee agreement with the Plaintiff, H and I, the wife of G, entered into a joint and several guarantee agreement with the Plaintiff to jointly and severally guarantee the above loan obligation to the Plaintiff.
C. H, Defendants and G’s relationship and inheritance shares 1) G’s father, the father of G (hereinafter “the deceased”).
(2) On June 9, 2011, the deceased died. (2) The deceased’s heir is the wife, the Defendants and G, who are children, and H. The statutory inheritance portion of H is 3/15, and the Defendants and G’ statutory inheritance portion is 2/15, respectively.
1) On May 2013, 2013, H and the remainder Defendants and G except Defendant B are the real estate listed in [Attachment I] List 1 (hereinafter “instant real estate”) as inherited property between Defendant B and Defendant B.
Of them, the agreement on the division of inherited property (hereinafter “agreement on the division of inherited property 1”) to waive their rights to shares corresponding to the statutory shares of inheritance (H: 3/15, the remaining Defendants except Defendant B, and G: 2/15) and to vest their respective shares in Defendant B (hereinafter “instant agreement on the division of inherited property 1”).
A) On May 31, 2013, the registration of ownership transfer was completed under Defendant B’s name with respect to the instant real estate upon the split-off agreement on the inherited property No. 1 of the instant case. 2) around May 2013, H waived the right to share (1/20 shares) equivalent to one-fourth share of the deceased’s statutory inheritance (3/15 shares) among the real estate listed in [Attachment 1] Nos. 2, 3, and 4 (hereinafter “real estate Nos. 2, 3, and 4”) as inherited property between the Defendants and G, and the Defendants.