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1. The Defendant and Nonparty B concluded on December 22, 2014 with respect to 2/5 shares in the real estate listed in the separate sheet.
Reasons
1. Facts of recognition;
A. On March 12, 2012, the order of payment was issued to Nonparty 2 with the effect that “B shall pay 52,705,060 won to CD Partners Loan and 20% interest per annum from the day following the delivery of the original copy of the payment order to DD Partners Loan to Nonparty 2.”
The above payment order was served on B on March 19, 2012, and was finalized on April 3, 2012.
B. The Plaintiff acquired the above claim against CD partnership loans from a limited liability company, and the certified copy of the succeeded execution clause was served on B on June 2, 2016.
C. Meanwhile, the real estate indicated in the separate sheet (hereinafter “the instant real estate”) was owned by the deceased C. Upon the death of the deceased, the Defendant and B agreed on and divided the inherited property that the Defendant would solely inherit the instant real estate. On February 10, 2015, the Defendant completed the registration of ownership transfer on the ground of inheritance by agreement and division as of December 22, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. The establishment of a fraudulent act and the division of inherited property (i.e., the agreement on division of inherited property), upon commencement of inheritance, becomes a sole ownership of each inheritor with respect to the inherited property provisionally owned by co-inheritors, or becomes final and conclusive by performing as a new co-inheritors, and therefore becomes subject to the exercise of the right to revoke a fraudulent act, and thus, can be subject to the exercise of the right to revoke a fraudulent act. Meanwhile, barring any special circumstance, the debtor's act of selling real estate, which is the only property, and changing it with or transferring it to another person without compensation, becomes a fraudulent act against the creditor.