사해행위취소
1.(a)
On September 1, 2016, it was concluded on September 1, 2016 with regard to 2/15 shares of each real estate listed in the separate sheet between Defendant A and D.
1. Claim against the defendant A;
(a)Paragraphs 1 to 4, 5-a of the reasons for the recognition;
same as the entry in the subsection.
[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 9, the postal service information center of this court, the results of each fact inquiry into the Court Administration Office, the purport of the whole pleadings
B. According to the facts of recognition as above, claims for reimbursement against D can be the preserved claim of this case for the obligee's obligee's right of revocation. If a debtor in excess of the obligation already gives up his/her right to inherited property while holding a division agreement on inherited property and thus joint security against the general obligee has been reduced, in principle, it constitutes a fraudulent act (see, e.g., Supreme Court Decisions 2007Da2919, Jul. 26, 2007; 2007Da73765, Mar. 13, 2008). D, even though it is aware that it would prejudice the obligee in excess of the obligation, even if it was known that each real estate in the separate list (hereinafter "each real estate in this case"), 2/15 of its shares in each real estate in excess of the obligation, were transferred to the Defendant A, thereby reducing the joint obligee's inherited property in bad faith between the Defendant A and the joint obligee, and thus, it constitutes a contract for division of inherited property in this case.
C. Defendant A’s defense did not know that the instant agreement for division of the inherited property was a fraudulent act against Defendant A.
In this case, the beneficiary is responsible for proving that the beneficiary is in bad faith (see, e.g., Supreme Court Decision 2007Da28819, 28826, Feb. 25, 2010; Supreme Court Decision 2004Da18514, Apr. 28, 2005). In this case, the defendant A aggravated the beneficiary's ability through the agreement on the division of inherited property in this case.