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1. The Defendants and Nonparty C concluded on July 24, 2013 with respect to each of 3/14 shares of the real estate listed in the separate sheet.
Reasons
1. Facts of recognition;
A. On December 16, 2015, the Plaintiff filed a lawsuit against Nonparty C with the Incheon District Court No. 2015 Ghana415039, and was sentenced to the judgment that “C shall pay to the Plaintiff 49,96,857 won and the amount of KRW 15,686,859 calculated by the rate of 17% per annum from November 6, 2014 to the date of full payment,” and the said judgment became final and conclusive around that time.
B. Meanwhile, on May 25, 2013, Non-Party D, the husband of C, died on and around May 25, 2013, and the Defendants, the spouse, C and the Defendants inherited the property of the network D. On July 24, 2013, C and the Defendants entered into an agreement on inheritance and division with respect to the real estate listed in the separate sheet owned by the network D (hereinafter “instant real estate”). On July 24, 2013, C and the Defendants concluded an agreement on inheritance and division with the effect that the Defendants would receive 3/7 shares of inheritance, each of the Defendants would receive 1/2 shares of each of the instant real estate (hereinafter “instant agreement on inheritance and division”). The Defendants completed the registration of ownership transfer on July 29, 2013 due to inheritance by agreement division.
C. C was in excess of obligations at the time of the agreement on division of the instant inherited property.
【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 4, Gap’s 5-1 through 9, the purport of the whole pleadings
2. Determination
A. The agreement on the division of an inherited property established by a fraudulent act is that the ownership of the inherited property, in whole or in part, as to the inherited property provisionally owned by co-inheritors upon commencement of inheritance, becomes final and conclusive by performing as a separate ownership of each inheritor or as a new co-ownership relationship, and therefore, it is therefore subject to the exercise of the right to revoke a fraudulent act. Therefore, it constitutes a fraudulent act against the creditor in principle even in cases where the debtor in excess of the debt already renounced his/her right to the inherited property while holding a divided agreement on the division of the inherited property, thereby having reduced
Supreme Court Decision 2007.7.7.