사해행위취소 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff has a claim on the amount of KRW 3.647.22 and KRW 2,00,000 among them, calculated at the rate of 20% per annum from February 22, 2012 to the date of full payment.
B. After B’s death on October 25, 2017, C’s husband completed the registration of ownership transfer on November 20, 2017, on the real estate stated in the separate sheet, which was the deceased’s property, due to inheritance due to a division held on October 25, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The Plaintiff asserts that, at the time of the agreement on the division of the inherited property in this case, the joint collateral against the creditor including the Plaintiff is reduced by giving up the right to the instant real estate, the sole property of which is the inherited property, in holding a division consultation with the Defendant, the co-inheritors, who had already been in excess of the obligation at the time of the agreement on the division of the inherited property in this
In full view of the purport of evidence No. 1, B, upon reporting the renunciation of inheritance on November 22, 2017, B filed a ruling of renunciation of inheritance on November 30, 2017, and the above ruling becomes final and conclusive around that time. The renunciation of inheritance does not constitute “legal act related to property” under Article 406(1) of the Civil Act, and thus cannot be subject to revocation of fraudulent act (see Supreme Court Decision 2011Da29307, Jun. 9, 201). The Plaintiff’s claim of this case is without merit.
[This case’s inheritance waiver agreement was not rendered at the time of the commencement of the inheritance (Article 1042 of the Civil Act). The renunciation of inheritance is retroactively effective at the time of the commencement of the inheritance (Article 1042 of the Civil Act). Thus, the waiver of inheritance was made between the co-inheritors except the person who has not yet filed a report of renunciation of inheritance or has not yet been accepted by the court.