사해행위취소
1. Revocation of a judgment of the first instance;
2. As to the share of 2/15 of each real estate listed in the separate sheet between the defendant and B.
1. Basic facts
A. On June 14, 2010, the Plaintiff filed a payment order against B with the Changwon District Court 2010 tea396, and issued a payment order against B, stating that “B shall pay to the Plaintiff 12,179,680 won and the amount equivalent to 17% per annum from October 25, 2003 to the service date of the instant payment order, and 20% per annum from the next day to the day of full payment,” and the said payment order was finalized on July 1, 2010.
B. After that, as the deceased’s father C (hereinafter “the deceased”) died, D, E, F, G, B, and H, the wife of the deceased, as co-inheritors, concluded an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the purport that all of the real estate listed in the attached list that was owned by the deceased (hereinafter “each of the instant real estate”) is to be inherited by the Defendant solely. Accordingly, on August 8, 201, the Defendant completed the registration of the transfer of ownership by inheritance due to the division as of March 8, 201, as to the instant real estate 1, 3, and 6, as to the instant real estate by inheritance by division as of March 8, 2011, and the registration of the preservation of ownership as to the instant two and 7 real estate.
C. Meanwhile, at the time of the agreement on division of the inherited property in this case, B did not have any particular assets except the inheritance shares on each of the instant real property
[Reasons for Recognition] The facts without dispute, Gap evidence 1, 3 through 6 (including each number; hereinafter the same shall apply), the result of the fact inquiry to the Seoul Special Metropolitan City Mayor and the Chairperson of the Korea Federation of Banks of Banks of the first instance, the purport of the entire pleadings
2. The judgment of this Court
A. According to the facts acknowledged before the establishment of a fraudulent act, joint security for general creditors has been reduced by giving up the right to share 2/15, which is the only property of each of the instant real estate, at the time of the agreement on the division of inherited property, by B, which was in excess of the debt, with respect to each of the instant real estate, and thus, the agreement on the division of inherited property of this case