사해행위취소
1. The inherited property concluded on November 15, 2019 with respect to 2/9 shares of the real estate listed in the separate sheet between the defendant and D.
1. Facts of recognition;
A. On March 21, 2016, the Plaintiff filed a lawsuit against D with the Seoul Northern District Court 2016 tea1227, and received the payment order (hereinafter “instant payment order”) from the above court that “D shall pay the Plaintiff KRW 45,187,563 and delay damages.” The instant payment order was finalized around that time.
B. On August 26, 1994, E completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”) and died on September 14, 2019.
On November 20, 2019, with respect to the instant apartment, which is an inherited property, the ownership transfer registration (hereinafter “instant ownership transfer registration”) was completed to the Defendant, who is the mother of D on November 15, 2019, due to the consultation and division of inherited property (hereinafter “instant division agreement”) on November 20, 201.
C. D’s inheritance shares are 2/9, and D is in excess of obligations as of November 2019 and the date of closing argument in the instant case.
[Ground of recognition] Unstrifed facts, Gap evidence Nos. 1, 3, and 5 through 8, fact inquiry results on the Court Administration Office, F agency's response to an order to submit financial transaction information, the purport of the whole pleadings
2. Determination
A. According to the facts that the fraudulent act was established 1, the plaintiff's claim against D based on the instant payment order is subject to the creditor's right of revocation.
The agreement on division of inherited property is to confirm the reversion of inherited property by having all or part of the inherited property, which has been provisionally owned by each inheritor, as to the inherited property, which has been provisionally owned by co-inheritors upon commencement of inheritance, or by performing as a new co-ownership relationship, and therefore, it is a juristic act aimed at property rights by its nature. Therefore, it can be subject to the exercise of the right of revocation of fraudulent act.