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1. On October 24, 2017, 1/4 shares of the real estate listed in the separate sheet between the Defendant and C (D) is concluded.
Reasons
1. Basic facts
A. On December 3, 2016, the Plaintiff filed an application with the Suwon District Court for a payment order with the Suwon District Court Decision 2016 tea3785, and on December 3, 2016, the payment order became final and conclusive with the content that “C shall pay to the Plaintiff KRW 20,036,31 as well as KRW 17% per annum from October 25, 2003 to August 31, 2006; KRW 20% per annum from the next day to September 30, 2015; and KRW 15% per annum from October 1, 2015 to the day of full payment.”
B. On August 4, 2017, E died and succeeded to the property jointly owned by the Defendant, F, C, and G, who are his/her children. On October 24, 2017, the Defendant, F, C, and G agreed on the division of inherited property with the content that the real estate listed in the separate sheet (hereinafter “instant real estate”) as inherited property was solely owned by the Defendant.
C. On October 25, 2017, the Daegu District Court (Seoul District Court), Busan District Court (Seoul District Court Decision 42414, Oct. 25, 2017), as to the instant real estate, the registration of ownership transfer was completed on August 4, 2017 due to inheritance due to consultation and division.
At the time of the consultation on division of the above inherited property, there were 1/4 shares among the instant real property as positive property of C, and the small property (the Plaintiff’s claim amount as of September 28, 2018 is KRW 61,395,416) exceeded positive property.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. The establishment of a fraudulent act;
A. According to the above facts of recognition, since the Plaintiff’s above claim against C arising prior to the agreement on division of the above inherited property, the above claim is subject to the obligee’s right of revocation.
B. The purpose of an agreement on the division of inherited property is to confirm the reversion of inherited property by either having all or part of the inherited property which became a provisional co-inheritors upon the commencement of inheritance as a sole ownership of each inheritor, or by performing it as a new co-ownership relationship.