사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The Plaintiff filed a claim against C to the effect that “the debtor shall pay to the creditor KRW 321,343,000, and to the date of service of the authentic copy of the payment order from December 26, 2009 to the date of service of the authentic copy of the payment order, 6% per annum, and 20% per annum from the next day to the date of full payment.” The payment order related thereto was finalized on July 17, 2012.
(B) On June 13, 2013, the Plaintiff received dividends of KRW 158,496,838 in this Court D case and appropriated the principal amount of the above payment order for KRW 69,785,446, interest amount for KRW 88,363,912.
C’s father died on January 7, 2018 (hereinafter “E”), and as the inheritor of the deceased, there were F, C, G, H, etc., the wife of the Defendant and his/her children.
On January 7, 2018, the deceased’s heir succeeded to the real estate listed in the separate sheet (hereinafter “instant house”) as inherited property on his/her own (hereinafter “instant division agreement”) and concluded an agreement on division of inherited property (hereinafter “instant division agreement”). On February 28, 2018, the ownership transfer registration in the name of the Defendant was completed.
At the time of the division consultation of this case, C was in excess of the obligation.
【In the absence of any dispute, there is no ground for recognition, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 5 (including each number number; hereinafter the same shall apply), the order to submit tax information and fact inquiry with respect to the city of common residence of this court, as to the 2/13 portion of the house of this case alleged by the plaintiff as a whole, the division agreement of this case shall be revoked as a fraudulent act, and the defendant shall be obliged to implement the procedure for cancellation registration of transfer of ownership registered in its name.
Judgment
Since the plaintiff's above payment order claim against C exists before the division agreement of this case, it becomes a preserved claim in the creditor's right of revocation.