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1. The Plaintiff:
A. As to the share of 2/11 of each real estate listed in the separate sheet Nos. 1 to 8, Defendant C.
Reasons
1. Facts of recognition;
A. On April 28, 2016, the bankruptcy debtor A (hereinafter “A”) was declared bankrupt by the Daegu District Court No. 2015Hadan4904, and the Plaintiff litigant was appointed as the bankruptcy trustee of A.
B. A’s father, the deceased on April 13, 2015 (hereinafter “the deceased”). A’s father died on or around April 13, 2015, his/her inheritor had spouse C, Defendant D, A, F, and G, and inherited property had each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).
C. The deceased’s successors, including A, entered into an agreement on the division of inherited property with the content that the real estate Nos. 1 through 8 of the instant real estate (hereinafter “the instant real estate”) is owned by Defendant C, and the real estate Nos. 9 through 13 of the instant real estate (hereinafter “the instant real estate”) is owned by Defendant D separately.
(hereinafter “instant agreement on division of inherited property”). D.
Defendant C completed the registration of ownership transfer due to inheritance by agreement and division as of June 13, 2015, respectively, with respect to the real estate of this case 1 through 8 under the Daegu District Court’s Seo-gu Branch Branch Branch Office of Branch Branch Office of Branch Branch Office of 6831, June 23, 2015, and Defendant D with respect to the real estate of this case 9 through 13, as of June 23, 2015, respectively.
[Reasons for Recognition] Unsatisfy, entry in Gap evidence 3 and 4 (including virtual numbers), the purport of the whole pleadings
2. Determination
A. The “act of having the debtor know that it would prejudice any bankruptcy creditor”, which is an act subject to avoidance under Article 391 subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act, includes a fraudulent act that reduces the bankruptcy estate by deviating from the debtor’s general property, which is the joint security of all creditors, from the bankruptcy estate (see Supreme Court Decision 2011Da56637, 5644, Oct. 13, 201). The intent of the above is that the debtor’s act is subject to avoidance.