사해행위취소
1. As to the share of 2/13 of the size of 463 square meters in Northern-gu, Northern-gu, Pohang-si:
A. The Defendant and C concluded on November 16, 2016.
1. The Plaintiff, based on the facts, filed an application with the Daegu District Court Branch 2012 tea1807 for a claim for reimbursement against C, and 2012:
7. 23. The payment order was issued on August 10, 2012 to the Plaintiff to the effect that “C shall pay the Plaintiff damages for delay with respect to the principal, out of KRW 136,104,629, and the said payment order was finalized on August 10, 2012.
C’s father D died on November 16, 2016, and jointly succeeded to C, E, F, G, and H, the Defendant and children who are the spouse.
D’s successors, on November 16, 2016, made an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) owned by the Defendant alone at the port north-gu B 463 square meters (hereinafter “instant real property”). Accordingly, on May 31, 2017, the Defendant completed the registration of transfer of ownership, such as the entry in Section 1(b) of the Disposition.
C At the time of the agreement on the division of the inherited property of this case, there was no particular property other than the inheritance shares.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, fact-finding results to the North-gu Office at the time of this court's entry, results of order for submission of tax information, the whole purport of the pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the plaintiff held C with respect to the above claim for reimbursement according to the above payment order, and thus the plaintiff's above claim is subject to the creditor's right of revocation.
In addition, at the time of the agreement on the division of the inherited property of this case, C was liable for the reimbursement against the Plaintiff while C was in excess of the liability due to the failure to hold active properties. Since C renounced its right to 2/13 of its inherited shares among the real property of this case, and caused the Defendant to inherit it, thereby reducing the joint collateral against the general creditors including the Plaintiff, barring any special circumstance, C’s above inheritance shares among the real property of this case.