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1. The Defendants and C concluded on November 8, 2013 with respect to 1/5 shares of the real estate listed in the separate sheet.
Reasons
1. Indication of claim;
A. The National Card and Samsung Card had the following claims against Samsung, but on October 24, 2003, under the Asset-Backed Securitization Act, transferred all of the pertinent claims and rights incidental thereto to ELD Investment Securities Co., Ltd., and ELD Investment Securities Co., Ltd re-transfer the claims acquired on the same day to the Plaintiff.
C
B. On October 8, 2008, the Plaintiff filed a lawsuit against C with respect to the above claim and received a judgment in favor of the entire Supreme Court Decision 2008Da59255 Decided October 8, 2008, and the above judgment became final and conclusive as it is.
C. On January 26, 2007, upon the death of the mother-friendly D on the part of January 26, 2007, C jointly succeeded to D’s property with the Defendants and E, each of which was a type of 1/5 shares. On November 8, 2013, the aforementioned inheritors entered into an agreement on the division of inherited property (hereinafter “instant agreement”) with the purport that only the Defendants would own one-half shares of each of them as to the real estate on the attached list inherited from D (hereinafter “instant real estate”). Accordingly, the Defendants completed the registration of ownership transfer with respect to each of the instant real estate under the name of the Defendants.
The instant agreement on the 1/5 share, which is the share of C’s share among the instant real estate, constitutes a fraudulent act, since C, without any particular property, is in excess of its obligation, such as bearing a debt pursuant to the said judgment against the Plaintiff, and bearing a debt with respect to the National Dives Fund and Samsung Card, it disposes of its share, which is the only property to be offered as joint security for the creditors.
E. After the instant agreement was concluded, the registration of creation of a neighboring mortgage was cancelled regarding the instant real estate. The market price of the 1/5 share out of the instant real estate was KRW 16,750,000, and the secured debt of the said right to collateral security cancelled at the time of the conclusion of the instant agreement agreement was KRW 0.0 won.
F. Thus, this case.