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1. On May 9, 2013, between the Defendant and B, 2/11 shares of the real estate indicated in the separate sheet are concluded.
Reasons
1. Basic facts
A. The plaintiff filed a lawsuit against B on October 10, 2007 with the Seoul Central District Court Decision 2007Kadan140236, and sentenced that "B shall pay to the plaintiff 285,424,612 won and the amount calculated by the rate of 19% per annum from September 30, 2005 to July 4, 2007, and 20% per annum from the next day to the day of full payment." The above judgment was finalized on November 3, 2007.
B. C, on May 9, 2013, owned the real estate listed in the separate sheet (hereinafter “instant real estate”) and died with the Defendant, children, D, E, F, and B.
C. The inheritors of C divided the instant real estate into the Defendant’s sole inheritance.
(hereinafter “this case’s subdivision consultation”). / [Grounds for recognition] without dispute, Gap evidence 1-1, 2, Gap evidence 2, Gap evidence 4-1, 2, and 3, and the purport of the whole pleadings.
2. Assertion and determination
A. The fact that B was in excess of the debt at the time of the division consultation in this case’s insolvent is deemed to have been led to confession since the Defendant did not clearly dispute this.
B. The plaintiff asserted by the parties 1) The plaintiff asserts that the division agreement in this case constitutes a fraudulent act to waive the right to inherited property upon consultation on division of inherited property by Eul with debt excess amount constitutes a fraudulent act, and thus, the agreement on division in this case is asserted as a fraudulent act. In this regard, the defendant may commit a fraudulent act only when the result of division of property falls short of the debtor's specific share in the inherited property. Considering that B obtained a loan of KRW 100 million as security, the specific share in the inherited property in this case is KRW 13,272,727 (= = 13,272,727) (=62,72,727) (=63,00 won of the market price of the real property in this case x 2/110,00 won of the inherited property) - The agreement on division in this case is limited to KRW 13,272,727,277) 10,000).