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1. It was concluded on December 29, 2016 with respect to shares of 2/13 among each real estate listed in the separate sheet between the defendant and C.
Reasons
1. Facts of recognition;
A. On September 18, 2001, the Plaintiff filed a lawsuit against C with the Seoul Central District Court 2001Da3946, and sentenced that “C shall pay to the Plaintiff the amount of KRW 22,528,451 as well as KRW 16,50,00 as to KRW 22,50,000 from August 23, 1999, KRW 5,000,000 per annum from September 25, 1999 to the date of full payment.” The above judgment became final and conclusive on November 4, 201, and the Plaintiff’s claim against C is KRW 82,629,370 as of November 22, 201.
B. Division C died on December 29, 2016, and the heir is the defendant, C, etc., and C’s inheritance shares are 2/13.
C. On June 16, 2017, C completed the registration of ownership transfer (hereinafter “instant registration of ownership transfer”) on the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendant on the ground of inheritance by agreement and division as of December 29, 2016, from the Seoul Northern District Court’s receipt of the Dobong District Court’s receipt of 35000 registration office, and as of December 29, 2016 (hereinafter “instant agreement on the division of inherited property”).
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including additional number), the purport of the whole pleadings
2. Determination as to the cause of action
A. The agreement on the division of the inherited property established by a fraudulent act is to confirm the reversion of the inherited property by holding the whole or part of the inherited property, which is a provisional co-inheritors, solely owned 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 to revoke a fraudulent act. Meanwhile, the debtor's act of selling one's own property, which is an only property, and changing it into money or transferring it to another person without compensation, becomes a fraudulent act against the creditor, barring special circumstances.