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1. The Defendants and C (D) concluded on June 13, 2016 with respect to 1/5 shares of each real estate listed in the separate sheet.
Reasons
1. The following facts may be acknowledged either in dispute between the parties or in combination with the whole purport of pleadings as a result of the inquiry by the Minister of Court Administration and the fact-finding inquiry by Gap 1-1 to 4-5:
On January 15, 2014, the Plaintiff filed a lawsuit against C, and rendered a judgment (Seoul Central District Court 2013Gadan132496) that “The Defendant (C) jointly and severally with E, etc., shall pay the Plaintiff KRW 102,92,328 and the delay damages therefrom,” and the judgment becomes final and conclusive around that time. The interest and interest on the corresponding claim are KRW 98,545,850 as of September 28, 2017.
The F died on June 13, 2016 and five co-inheritors, including C and the Defendants, who were their children, were co-inheritors. As to each real estate listed in the separate sheet owned by the deceased, the registration of ownership transfer was completed due to inheritance due to the division by agreement on the date of the death on the part of the Defendants.
C At the time of the agreement on division of the inherited property of this case, there was no particular property other than the inheritance shares on each real estate listed in the attached Form
2. According to the above facts of recognition, the agreement between C and the Defendants on division of the inherited property of this case constitutes a fraudulent act unless there are special circumstances.
Although the Defendants asserted that the instant agreement was unaware of the fact that it constitutes a fraudulent act, there is no evidence to reverse the presumption of bad faith of the Defendants, a beneficiary, and to recognize good faith.
3. If so, the agreement of this case must be revoked as a fraudulent act, and the defendants are obligated to implement C the procedure for cancellation of ownership transfer registration corresponding to the inheritance shares. Thus, the plaintiff's claim of this case is accepted. It is so decided as per Disposition by the court below.