사해행위취소 등
1. On March 6, 2020, 2/13 shares of each real estate listed in the separate sheet between the defendant and D were concluded.
1. Basic facts
A. On July 21, 2017, the Plaintiff filed an application against D for a payment order with the Cheongju District Court Decision No. 2017, supra, and the said court ordered D to pay the Plaintiff the amount of KRW 2,149,600 and the delayed damages therefrom.
The above payment order was finalized as it is.
At the time of March 6, 2020, 8,449,458 won (= damages for delay of KRW 2,149,600, KRW 6,299,858) as of March 6, 202
B. An owner of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”)
E On March 9, 2020, the deceased (hereinafter referred to as “the deceased”) and the deceased’s inheritors have F, C, G, D, and H, the spouse of the Defendant, children, and children (Defendant 3/13, and children: 2/13 shares, respectively).
C. On March 6, 2020, the above inheritors agreed on the division of inherited property with the content that the Defendant independently owned each of the instant real property (hereinafter “consultation on division of inherited property”).
According to the agreement on the division of the inherited property of this case, the defendant completed the registration of ownership transfer (hereinafter “registration of ownership transfer”) under the Cheongju District Court Branch No. 11569 on May 18, 2020 as to each real property of this case.
(d)
D was insolvent at the time of the instant agreement on the division of the inherited property.
[Grounds for recognition] Each entry of Gap evidence Nos. 1 through 4 (including branch numbers) and the purport of the whole pleading
2. Determination on the cause of the claim
A. According to the above facts, the plaintiff has a claim against D prior to the agreement on the division of the inherited property of this case, and thus the above claim constitutes a preserved claim seeking revocation of the agreement on the division of the inherited property of this case.
B. A debtor who has already been in excess of his/her obligation due to the establishment and intent of the act of deception and the intention of deception has renounced his/her right to his/her share of inheritance in consultation with the division of inherited property, thereby the joint security against general creditors has