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1. As to shares in 2/11 of the real estate listed in the separate sheet
A. The Defendant and Nonparty B entered into on November 9, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff filed a lawsuit against B seeking reimbursement with the Ulsan District Court 2008Gaso5194 and “B shall pay to the Plaintiff 16,451,809 won and 10,247,208 won with 25% interest per annum from September 20, 200 to June 16, 2008, and 20% interest per annum from the next day to the date of full payment” was finalized on July 1, 2008.
In addition, the Plaintiff filed a lawsuit against B seeking the payment of indemnity amount with Busan District Court Decision 2009Gaga308540, and “B shall pay to the Plaintiff 10,140,732 won and its interest rate of 21% per annum from June 25, 1999 to August 22, 199, and 19% per annum from the next day to the date of full payment” was finalized on September 17, 2009.
B. The owner of the real estate listed in the separate sheet (hereinafter “instant real estate”) was C, who was put to B, but C died on November 9, 2015, and his heir was four children, including the Defendant, B, and D, who was the spouse.
C. Co-inheritors’s agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) shall be concluded with the purport that the remaining inheritors, including the share of 2/11, which is the share of B, shall vest in the Defendant regarding the instant real estate, and accordingly, the Defendant completed the registration of ownership transfer as the receipt No. 148694 on August 5, 2016 regarding the instant real estate by the Ulsan District Court.
At the time of the agreement on the division of the inherited property of this case, B was insolvent such as bearing obligations to the Plaintiff.
(C) [Grounds for Recognition] . [A] without dispute, entry of Gap evidence Nos. 1-1, 2, and 2-1, and fact-finding with respect to Ulsan-gun E, Ulsan-gun, the purport of this Court before oral pleadings.
2. Determination
A. According to the facts of recognition as above, the Plaintiff’s instant claim against B was already established at the time of the agreement on the division of inherited property of this case, which is a fraudulent act asserted by the Plaintiff.