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On December 3, 2017, the agreement on the division of inherited property between the defendant and C(D) is entered into on December 3, 2017.
Reasons
1. The Plaintiff, based on the facts, received a decision on performance recommendation against C, stating that “The Defendant shall pay to the Plaintiff 36,181,987 won and 7,242,803 won from March 17, 2016 to the full payment date, at the rate of 18% per annum, from March 17, 2016.” The decision was finalized on May 25, 2016.
On December 3, 2017, E, his father, died on December 3, 2017, and the network E had four children, including spouse C.
C The real estate listed in the separate sheet (hereinafter “instant real estate”) that was owned by the network E (hereinafter “instant real estate”) was transferred to the Defendant by agreement and division of inherited property (hereinafter “instant agreement division”). Accordingly, on February 8, 2018, the Seoul Western District Court’s receipt of registration No. 3983 by the Seoul Western District Court on February 8, 2018, as to the instant real estate under the name of the Defendant, the ownership transfer registration based on inheritance by agreement and division (hereinafter “instant ownership transfer registration”) was completed.
At the time of the consultation division of this case, C did not have active property.
[Grounds for Recognition] Unsatisfy, entry of Gap 1 through 9, inquiry and reply to the head of Seodaemun-gu in this Court to the head of Seodaemun-gu, the purport of the whole pleadings
2. According to the above facts, C shall transfer the real estate of this case, which is the only property in the absence of positive property in excess of positive property, to the defendant according to the agreement division of this case, and shall be presumed to have been bad faith by the defendant. Thus, the agreement division of this case shall be revoked as a fraudulent act, and the defendant shall be obliged to implement the procedure for cancellation registration of transfer of ownership of this case transferred to C by the agreement division of this case.
3. If so, the plaintiff's claim of this case is justified and it is so decided as per Disposition.