beta
Text
Attached Form
With respect to 1/7 shares of real estate recorded in the list, the inherited property concluded on December 10, 2012 between the defendant and B.
Reasons
Facts of recognition
On October 16, 1998, Japan Bank filed a lawsuit against B against the Seoul District Court No. 98Gaso670104, and sentenced that “the Defendant shall pay to the Plaintiff an amount calculated by the rate of 30% per annum from June 26, 1998 to the day of complete payment” with respect to KRW 6,339,954 and the amount of KRW 5,492,428 among them, which became final and conclusive around that time.
On September 13, 2008, the Korea Asset Management Corporation, which received the above credit from the Japanese Bank prior to the transfer of the credit, applied for a payment order seeking the payment of the credit amount from the Incheon District Court Branch Branch Decision 2008Da2957, based on the above judgment, and the above payment order was finalized on September 13, 2008. The Plaintiff acquired the above credit last on September 18, 2012.
B The father C died on December 7, 201, and seven children, including the Defendant, (hereinafter “joint inheritors”) jointly inherited the property.
B, on December 10, 2012, under the status of excess of debt, the Defendant and other co-inheritors, including the Defendant, agreed on the division of inherited property (hereinafter “instant real estate”) with the content that the real estate listed in the separate sheet (hereinafter “instant division agreement”) shall be owned solely by the Defendant. The Defendant completed the registration of ownership transfer as the receipt of the instant real estate on May 23, 2013 by the court No. 52377.
[Reasons for Recognition] Fact-finding, Gap's evidence Nos. 1 through 3, Eul's evidence Nos. 4, and the fact-finding with the head of Won-si, the court of this case's fact-finding on the ground of the claim as a whole, it is reasonable to view that the division consultation in this case was made with the purport that Eul, who was in excess of debt, waives his/her inheritance share in the real estate of this case, the only property of which is his/her own property, constitutes a fraudulent act, and that Eul is aware of the circumstances that it would thereby prejudice the creditor, such as the plaintiff, etc., and that the defendant is the beneficiary.