사해행위취소등
1. As to shares 2/7 of the real estate indicated in the annexed real estate indication:
A. It was concluded on July 5, 2018 between the Defendant and C.
1. The Plaintiff (formerly: D) filed a lawsuit against C in respect of the claim for the amount of money received at KRW 14,416,577 and the amount of money paid at the rate of 20% per annum from January 3, 2010 to the date of full payment, and this judgment became final and conclusive on August 24, 2010.
On July 5, 2018, E, his father, died on July 5, 2018, and C/F, the wife of the Defendant and his children, inherited the real estate indicated in the separate sheet indicating the deceased’s property (hereinafter “instant apartment”). They agreed to transfer all the instant apartment to the Defendant (hereinafter “instant division agreement”) and accordingly, on July 20, 2018, the registration of transfer of ownership in the name of the Defendant was completed due to the inheritance by the said division.
On the other hand, C did not have any property at the time of the division consultation.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 3 evidence, purport of the whole pleadings
2. Determination:
A. The agreement on the division of inherited property by a fraudulent act is to confirm the reversion of inherited property by either having all or part of the inherited property owned by each inheritor separately or performing as a new co-ownership relationship with respect to the inherited property provisionally owned by co-inheritors upon 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 a fraudulent act. Meanwhile, barring any special circumstance, the debtor's act of either changing the property that is only the property of his/her own, into money that is easily consumed or transferring it to another person without compensation, which becomes a fraudulent act against the creditor. Thus, the debtor in excess of his/her obligation already gives up his/her right to share