사해행위취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The plaintiff filed a claim for reimbursement against B, C, etc. with the Seoul Central District Court Decision 2008Da457566, Mar. 24, 2009, the plaintiff jointly and severally filed a lawsuit for reimbursement amounting to KRW 115,364,870, and KRW 114,00,000 among them, and KRW 114,00,000 per annum from December 13, 2008 to January 5, 2009, and KRW 20% per annum from the next day to the date of full payment. The decision of the court below rendered that the plaintiff shall jointly and severally receive KRW 183,303,250, and KRW 179,563,509, and KRW 150,000 per annum from the next day to the date of full payment, and the decision of the court below that the plaintiff paid the amount of money to KRW 105% per annum from the next day to the date of full payment.
B. The mother, B, the Defendant, and C’s mother, died on June 29, 2010, and became co-inheritors of the network F’s children, B, G, Defendant, and C.
C. The registration of ownership transfer in the name of the Defendant was completed as of May 15, 2013 on the real estate listed in the separate sheet, which is the deceased F’s inherited property (hereinafter “instant real estate”), based on the agreement on inheritance division as of June 29, 2010.
[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings
2. Determination on the defense prior to the merits
A. The parties’ assertion (1) the Plaintiff held claims against H and C based on the above judgment. On May 14, 2013, H and C entered into an agreement on the division of inherited property with the Defendant on the actual waiver of the inheritance shares of the instant real estate, which are one-fourths of one-fourths of the inheritance shares of the instant real estate, the sole property of which is one’s own property. The registration of ownership transfer under the Defendant’s sole name was completed on May 15, 2013. As such, the agreement on the division of inherited property between the Defendant, H and C constitutes a fraudulent act detrimental to the creditors of H and C, including the Plaintiff.