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1. As to 1/7 shares of real estate listed in the separate sheet:
A. It was concluded on April 24, 2016 between the Defendant and B.
Reasons
1. Basic facts
A. On September 8, 2016, the Plaintiff’s Claim C Co., Ltd. filed an application with the Daegu District Court for a payment order against B seeking a loan of KRW 4,93,144 and KRW 4,728,409, whichever is applicable, to C Co., Ltd., and KRW 33.5% per annum from September 2, 2016 to the date of full payment, and the said payment order became final and conclusive on October 13, 2016.
C On January 20, 2017, a stock company transferred the above bonds to the Plaintiff and notified the transfer of the bonds to B on February 16, 2017.
B. As to the real estate listed in the separate sheet (hereinafter “instant real estate”) of the Defendant and D-ownership (each share) (hereinafter “instant real estate”), the Defendant completed the registration of transfer of shares on August 16, 2016 as to D’s share (i.e., the agreement on the division of inherited property) due to inheritance due to the division on April 24, 2016 (hereinafter “instant agreement on the division of inherited property”).
D’s heir had the Defendant, the spouse, E, and B.
C. B’s property status was in excess of the debt at the time of the agreement on division of the instant inherited property, and the inheritance share in the instant real property was the only property.
[Ground] Gap evidence Nos. 1 through 7, the inquiry and reply to the Ansan market, the credit information inquiry results about F institutions, the purport of the whole pleadings
2. Determination
A. Determination B on the cause of the claim waives the right to 1/7 shares (the deceased 1/2 shares x B 2/7 shares in inheritance) out of the real estate of this case, which is one of its sole property, while holding a consultation on the division of the inherited property of this case in excess of the debt, and thereby, it constitutes a fraudulent act against the creditor in principle as a result of a decrease in common security for general creditors.
(See Supreme Court Decision 2007Da29119 Decided July 26, 2007, etc.). B.
The defendant's assertion is alleged to the effect that he acted in good faith at the time of the agreement on division of the inherited property of this case.