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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
Ⅰ. The facts following the premise of the determination are found to be either a dispute or the purport of the entire pleadings, other than each macroscopic evidence.
1. B, on July 25, 2007, obtained a loan of KRW 50 million from a bank, and due to the delinquency in paying the principal and interest of the loan, B bears the obligation of KRW 26,587,374.
[A] 1, 2] B
2. The details of the Plaintiff’s transfer of the claim against B and the details of the principal and interest remaining as of the date are as follows:
[A] The father C of March 3, 2003 (hereinafter “the deceased”) died on February 13, 2009, and there are B, the inheritor, B, the Defendant, and D.
[1] On April 5, 2016, the registration of ownership transfer was completed on April 4, 201 on the real estate listed in the attached list of the deceased’s name and on the land size of 25 square meters in Ulsan-gun, Ulsan-gun, Ulsan-gun, on April 5, 2016 on the ground of the “Succession by Agreement Division” as of February 13, 2009
[The result of the reply from February 17, 2017]. 5. In addition to the above real estate, there are 1/3 shares in the name of the deceased among the Fforest in Ulsan-gun, Ulsan-gun (hereinafter “instant forest”) of 157289 square meters in the name of the deceased.
[Details of the reply made on February 13, 2017] The officially announced value of the instant forest is KRW 2,400/m2, and when calculating the realization amount of B’s shares that are deemed below, 41,943,733 won (=area 157,289 m289 m2 x 1/9 x 2,400, but less than KRW 2,400).
6. On March 9, 2017, when the instant case is pending, the Plaintiff completed the registration of transfer of ownership of one-half of the deceased’s share in B by subrogation, and subsequently applied for a decision to commence a compulsory auction on March 13, 2017 to this court G for a real estate auction.
Ⅱ The judgment of this court on the Plaintiff’s assertion of fraudulent act is as follows.
1. The point of time of determining a fraudulent act: March 31, 2016 [B] is difficult to believe that the “B evidence No. 2” alleged as of March 14, 2009, immediately after the death of the deceased, was donated from the deceased in the year 2008 and paid gift tax.”