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1. As to shares 2/13 of the real estate listed in the Schedule,
A. It was concluded on April 14, 2017 between the Defendant and B.
Reasons
1. Facts of recognition;
A. B is in arrears with the Plaintiff’s value-added tax, business income tax, global income tax, etc. accrued from 2010 to 2016 as listed in the following table:
B. The deceased C (the deceased on December 5, 2016, hereinafter “the deceased”) had the Defendant, E, B, F, and G as their children between D and D, the spouse of the deceased.
As the deceased died, on April 14, 2017, the deceased’s inheritors entered into an agreement on the division of inherited property (hereinafter “instant agreement”) with respect to the real estate listed in the attached list, which is the inherited property of the deceased, on his/her own inheritance (hereinafter “instant real estate”). On April 19, 2017, the ownership transfer registration based on the instant agreement on division was completed as the grounds for registration on the part of the Defendant.
C. B around the time of the conclusion of the instant agreement on division, active property was merely about KRW 453 million and was in excess of the debt.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 16, purport of the whole pleadings
2. The assertion and judgment
A. As a matter of principle, even if a debtor in excess of his/her obligation has renounced his/her right to inherited property while holding a divided agreement on the division of inherited property, and thus joint security against general creditors has decreased, it constitutes a fraudulent act against a creditor.
(2) According to the reasoning of the judgment below, the Defendant’s bad faith, including the Plaintiff, is presumed to have been presumed to have been presumed to have been a fraudulent act committed by the Plaintiff and other general creditors. However, the Defendant’s bad faith is presumed to have been presumed to have been a beneficiary, even if the Plaintiff and other general creditors were to have committed a fraudulent act.
B. The defendant's assertion is that the deceased bears the burden of KRW 43 million at the time of acquiring the real estate of this case, and other inheritors support the deceased.