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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. A. On January 21, 2010, AB K Savings Bank borrowed 4 million won at interest rate of 49% per annum and 36 months during the lending period to B. On May 16, 2012, the Plaintiff transferred the above loan claim to the Plaintiff, and notified the Plaintiff of the said assignment of claim to B on July 4, 2012.
B. On August 12, 2013, the Plaintiff applied for a payment order against B with the Seoul Northern District Court Decision 2013 tea17639, and received a payment order from the above court that “B shall pay to the Plaintiff the amount calculated at the rate of 49% per annum from July 19, 2013 to the date of full payment” with respect to KRW 8,64,809 and KRW 3,551,291 among them, and the said payment order was finalized on October 29, 2013.
C. The deceased C owned the instant real estate and died on August 17, 2013, and his heir was D, E, B, and F, the wife of the Defendant and his/her child.
B은 2014. 10. 31. 채무초과 상태에서 피고와 사이에 자신의 유일한 재산인 이 사건 부동산 중 2/11 지분을 피고에게 귀속시키기로 하는 내용의 상속재산분할협의(이하 ‘이 사건 상속재산 분할협의’라 한다)를 하고, 같은날 피고에게 위 지분에 관한 소유권이전등기를 마첬다.
[Ground of recognition] In the absence of dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 4, Gap evidence 5-1, 2, Gap evidence 8-5, Eul evidence 5, the Gdong community service center head of this court, the Minister of Land, Infrastructure and Transport, and the President of the Korea Credit Information Institute, the purport of the whole pleadings, and the purport of the whole pleadings.
2. The agreement on division of the inherited property to determine the cause of the claim is to confirm the reversion of the inherited property by either having all or part of the inherited property, which has been provisionally owned by the co-inheritors upon the commencement of inheritance, as the sole ownership of each inheritor, or by performing it into a new co-ownership relationship, and therefore, can be subject to the exercise of the right to revoke the fraudulent act, in view of its nature.