사해행위취소 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The following facts may be found either in dispute between the parties or in full view of the whole purport of the pleading in Gap evidence Nos. 1 to 5, Eul evidence Nos. 1 and 3 (including paper numbers):
The Korean Standards Bank Co., Ltd. loans KRW 44 million to B on October 15, 2008, and KRW 870,000,000 on November 19, 2010, respectively, on January 6, 2012, transferred each of the above loans to the Dong assets management loan company, and the Dong assets management loan company notified B of the transfer by delegation of authority from the above bank at that time.
B. On January 27, 2014, Dong Seo-gu Asset Management Loan Co., Ltd. transferred each of the above loans to the Plaintiff, and notified B of the transfer of claims.
C. On October 15, 2012, B died bybu C, and jointly inherited (B/9) with the Defendant, who is a mother, type E, ar, or arna, the real estate listed in the attached list owned by the deceased. However, on the same day, B entered into an agreement on division of inherited property with the Defendant, including B’s inheritance shares, by inheritance, and completed the registration of ownership transfer in the Defendant’s future on December 7, 2012, based on the grounds for registration.
B At the time of the division of the above inherited property, as well as the above inherited shares, owned Nos. 2503 of the F10,000,000,000 won of the market value, but the above real estate was in excess of obligations, such as the registration of establishment of a new mortgage and the registration of provisional attachment registration in excess of the market value.
2. Determination:
A. (1) Determination as to the cause of the Plaintiff’s claim (1) In principle, even if a debtor in excess of his/her obligation gives up his/her right to the inherited property while holding a divided agreement on the inherited property, thereby giving up his/her right to the inherited property, the joint
(See Supreme Court Decision 2007Da29119 Decided July 26, 2007). (2) According to the above facts of recognition, B exceeds the obligation.