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1. As to shares in 2/13 of the real estate listed in the separate sheet:
A. On July 26, 2016 between the Defendant and B (C).
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 6 and the overall purport of the pleadings:
On November 25, 2010, the Plaintiff filed a lawsuit against B (C) with the Seoul Central District Court No. 2010da82268, and sentenced that “B shall pay to the Plaintiff the amount calculated at the rate of 20% per annum from March 11, 2010 to the full payment date” with respect to KRW 6,914,62 and KRW 3,120,000, which became final and conclusive on December 18, 2010.
B. D was the owner of the building listed in the separate sheet (hereinafter “instant building”). On July 26, 2016, D died, and the heir was the Defendant, children, E, F, G, and H, who were the spouse.
C. On July 26, 2016, the Defendant completed the registration of ownership transfer in the Defendant’s future (hereinafter “instant registration of ownership transfer”) with the Seoul Eastern District Court No. 54380, Sept. 27, 2016, based on the agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”).
At the time of the agreement on division of the inherited property of this case, B was in excess of debt.
2. According to the facts found as above, the Plaintiff holds a claim against B pursuant to the final judgment of Seoul Central District Court 2010Gaso82268, and the above claim becomes a preserved claim in the instant lawsuit claiming that the agreement on the division of inherited property of this case is a fraudulent act.
3. The establishment of a fraudulent act and the division of an inherited property to its original state are the legal act of confirming the ownership of the inherited property by either having all or part of the inherited property provisionally owned by the co-inheritors upon commencement of inheritance as a sole ownership by each inheritor or by performing it as a new co-ownership relationship, and therefore, it can be subject to the exercise of the right of revocation of a fraudulent act.