사해행위취소
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 reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment as stated in Paragraph 2 below as to the defendant's assertion, and therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined
A. The Defendant’s assertion that the portion of the contributory portion for the Deceased was recognized by the Defendant, and the division agreement in this case was concluded with the effect that the Defendant independently owned each of the instant real estate, and thus, the instant division agreement does not constitute a fraudulent
B. Determination 1) Even if a debtor in excess of his/her obligation gives up his/her right to inherited property while holding a divided agreement on inherited property, and the result of the division of property is less than the extent corresponding to the above specific share of inheritance, it shall not be revoked as a fraudulent act, unless the result of the division of property falls short of the extent corresponding to the above specific share of inheritance, and even if it falls short of the extent corresponding to the specific share of inheritance, the scope of revocation as a fraudulent act shall be limited to the deficient portion. In such a case, the debtor shall assert and prove that the specific share of inheritance is different from the statutory share of inheritance (see, e.g., Supreme Court Decision 2000Da51797, Feb. 9, 2001). Meanwhile, Article 1008-2(1) of the Civil Act provides for “where there is a person among co-inheritors by way of living together or nursing for a considerable period of time among co-inheritors or by any other method, or by the maintenance or increase of the inheritee’s property, it shall be considered as the inherited portion calculated by adding the amount of the inheritance.