사해행위취소등
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
3. The judgment of the court of first instance is in process.
1. Basic facts
A. E (hereinafter “the deceased”) died on March 25, 2013, and Defendant B, the deceased’s spouse, D, F, and Defendant C jointly succeeded to the deceased.
B. On March 25, 2013, the Defendants, D, and F entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the content that the Defendants owned 1/2 shares of each of the instant real property, which is inherited property. Accordingly, the Defendants completed the registration of ownership transfer on May 30, 2013 with respect to each of the instant real property, based on the agreement on the division of inherited property.
C. The inheritance shares of Defendant B in relation to the instant real estate are 3/9, and the inheritance shares of Defendant C are 2/9, and the shares additionally acquired by Defendant B through the agreement on the division of the instant real estate are 1/6(=acquisition shares 1/2 - inheritance shares 3/9). The shares additionally acquired by Defendant C are 5/18(=acquisition shares 1/2 - inheritance shares 2/9).
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 3 to 23, the purport of the whole pleadings
2. The assertion and judgment
A. According to the purport of the Plaintiff’s evidence Nos. 1, 2, and 27 with respect to D, the Plaintiff filed a lawsuit against D on May 14, 2008 with the Daegu District Court No. 2008 Ghana No. 15975, Oct. 1, 2008; “D shall pay to the Plaintiff the amount of KRW 9,038,800 per annum from October 25, 2003 to August 9, 2008; “The amount of money calculated at the rate of 20% per annum from August 10, 2008 to the day of full payment; from August 10, 2008 to the day of full payment; and from November 20, 2008 to the day of full payment; the said judgment was rendered to D on the grounds of service by public notice; and the said judgment became final and conclusive on October 14, 2008; however, the said judgment was unlawful.
Furthermore, the trial is the first instance.