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1. The inherited property as of July 16, 201 with respect to one-fourth share of the real estate listed in the separate sheet between the defendant and C.
Reasons
1. Facts of recognition;
A. On March 28, 2011, the Plaintiff leased KRW 100 million to C at 30% per annum and due date on March 27, 2012.
B. C’s mother D’s death around July 16, 201, and thereafter, it can be acknowledged that the agreement on division of inherited property was concluded around April 14, 201, when the entire purport of the pleading was added to the entry of evidence No. 11 on July 16, 201, as to the real estate indicated in the separate sheet (hereinafter “instant real estate”).
The registration of ownership transfer (hereinafter “instant registration of ownership transfer”) was completed on April 22, 2014 by the Daegu District Court, Busan District Court No. 19781, which received on April 22, 2014.
C. C’s inheritance shares are 1/4, and C is in excess of obligations as of March 201 and the date of the closing of the instant argument.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 9, 10, 11 (if any, with a serial number, including a serial number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. According to the above facts, the Plaintiff’s loan claim against C (hereinafter “instant claim”) is established.
shall be the preserved claim of the obligee's right of revocation.
The agreement on division of inherited property is to confirm the reversion of inherited property by having all or part of the inherited property, which has been provisionally owned by each inheritor, as it becomes the sole ownership of each inheritor or as a new co-ownership relationship, and therefore, it can be subject to the exercise of the right of revocation of fraudulent act. Therefore, in a case where the debtor in excess of the debt has consulted on division of inherited property, and the result of division of property falls short of the extent equivalent to the debtor's share of inheritance, and as a result, the joint collateral against the general creditor has decreased, the agreement on division of inherited property should be revoked as a fraudulent act.