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1. On December 3, 2019, concluded between the defendant and C as to shares of 1/4 of each real estate listed in the separate sheet.
Reasons
Occurrence of Right to Revocation of Fraudulent Act
A. 1) On December 2019, the Plaintiff received a payment order from C with respect to KRW 44,325,598 and KRW 19,958,780 as to KRW 12% per annum from January 24, 2010 to the date of full payment, as the Plaintiff applied for payment order from Seoul Central District Court 2019 tea512687.
The above payment order was finalized on January 3, 2020.
B) Each real estate listed in the separate sheet (hereinafter “instant real estate”)
D) Around December 3, 2019 (hereinafter “the deceased”) was owned by C’s mother-friendly D, and D died around December 3, 2019 (hereinafter “the deceased”).
(C) On December 3, 2019, the deceased’s heir, as the deceased’s heir, agreed on the division of the inherited property on December 3, 2019 by the Defendant’s sole inheritance of the instant real estate.
(hereinafter “instant partition consultation.” After that, the Defendant completed the registration of ownership transfer on December 24, 2019 with respect to the instant apartment on the ground of the instant partition consultation (hereinafter “instant partition consultation”). Of the instant real estate, C’s inheritance shares are 1/4 and is the sole property of C. / [based on recognition], the facts that there is no dispute, and the evidence Nos. 1 through 4 (including the serial number; hereinafter the same shall apply) of the instant apartment.
(2) If the obligor, who is in excess of the relevant legal doctrine, gives up the right to inherited property and gives up the right to the inherited property, resulting in a decrease in the joint security of general creditors, then it may constitute a fraudulent act, if the agreement on division of the instant case constitutes a fraudulent act.
However, unless it is recognized that the division of property falls short of the amount of the debtor's specific share of inheritance, it should be revoked as a fraudulent act.