Title
If the debtor renounces his/her right to his/her share of inheritance with the agreement on the division of the inherited property, it constitutes a fraudulent act against the creditor.
Summary
Division of inherited property can be subject to the exercise of the right to revoke the fraudulent act, and in principle, it constitutes a fraudulent act against the creditor even if the joint security against the general creditor has decreased due to the waiver of the right to the inherited property by the debtor who has already been in excess of his/her obligation after consultation on division of inherited property
Related statutes
Article 30 of the National Tax Collection Act
Cases
Seoul Central District Court-2016-Ban-5247066 ( December 26, 2016)
Plaintiff
Korea
Defendant
○ ○
Conclusion of Pleadings
Pleadings without Oral Proceedings
Imposition of Judgment
December 26, 2016
Text
1. The agreement on the division of inherited property concluded on September 19, 2014 with respect to two-thirds of the share out of the real estate listed in the separate sheet between the defendant and the △△△△, shall be revoked.
2. The defendant will implement the registration procedure for transfer of ownership due to the cancellation of fraudulent act with respect to the share of 2/13 of the real estate stated in the separate sheet to the △△△ in the separate sheet.
3. The costs of lawsuit shall be borne by the defendant.
Cheong-gu Office
The same shall apply to the order.
Reasons
1. Indication of claim;
The reasons for the attached Form shall be as shown in the attached Form.
2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);