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1. As to the shares of 389,559,503/1,189,312,500 of each real estate listed in the separate sheet between the defendant and B, February 10, 2015.
Reasons
1. Basic facts
A. On September 30, 2010, the Plaintiff filed a loan claim claim against B with the Seoul Central District Court 2010Kadan240983, and was sentenced by the above court on September 30, 2010 to the effect that “B shall pay to the Plaintiff KRW 130,000,000, jointly with the TSS Ssuss Ltd.” The above judgment became final and conclusive on October 19, 2010.
B. Each real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by the deceased C (hereinafter “the deceased”). On February 10, 2015, the deceased died after having left B and the Defendant, who is his/her child, as a bereaved family member. B and the Defendant concluded an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the purport that all of the instant real estate will be owned by the Defendant, and accordingly, on February 10, 2015, the registration of ownership transfer was completed on the instant real estate as a result of inheritance by agreement and division on February 10, 2015.
C. At the time of the agreement on division of the inherited property of this case, B had no special assets.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, and the purport of the whole pleadings
2. Determination
A. 1) The agreement on the division of inherited property and the agreement on the division of inherited property with respect to the division of inherited property are commenced, and the reversion of inherited property is confirmed by either the sole ownership of each inheritor or the performance into a new co-ownership relationship with respect to the inherited property which is provisionally owned by co-inheritors, and therefore, it can be subject to the exercise of the right to revoke a fraudulent act. Meanwhile, the debtor's act of selling real estate, which is one of his own own property, and changing it with or transferring it to another person without compensation, becomes a fraudulent act against the creditor, barring any special circumstance. Thus, the debtor in excess of his/her obligation is the inherited property.