사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The gist of the plaintiff's assertion is that the plaintiff has a claim against D (E) who is the defendant's child, and D (hereinafter "the agreement on the division of inherited property of this case") with respect to the division of inherited property of this case, on April 30, 2017, when D (hereinafter "the agreement on the division of inherited property of this case") with the agreement on the division of inherited property on April 30, 2017, reduced his/her own responsible property due to the waiver of his/her own shares in the attached list (hereinafter "each real property of this case"), which is one of his/her own property, constitutes a fraudulent act. Since D's intention to commit suicide and the defendant's bad faith are presumed, the agreement on the division of inherited property of this case concluded between the defendant and D with respect to 2/9 shares in each real property of this case shall be revoked. The defendant is obligated to implement D
The Defendant’s argument that the agreement on the division of inherited property of this case was not a fraudulent act, but D, the debtor, was not insolvent at the time, and was unaware of the creditor at the time of the agreement on the division of inherited property.
Judgment
The act detrimental to the creditor who is the object of the creditor's right of revocation is a juristic act which is the object of property right, and thus means the act that the creditor's passive property exceeds active property or lacks debts, and the burden of proving the debtor's insolvency is the creditor who asserts that the act of disposal is a fraudulent act.
As of April 30, 2017, the date of the agreement on the division of the inherited property of this case, the descriptions of evidence Nos. 1, 3, and 4 were in excess of D at the time of the agreement on the division of the inherited property of this case.
It is insufficient to recognize that the agreement on the division of the inherited property of this case resulted in D's insolvency, and there is no other evidence to acknowledge it.
Therefore, the plaintiff's assertion that the agreement on division of inherited property of this case constitutes a fraudulent act is added.