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1. The defendant and the non-party B share C 2/17 of the 2,172 square meters, and the share 2/17 of the 2,228 square meters of the tayang-si D 1,228 square meters of the tayang-si.
Reasons
1. Basic facts
A. The plaintiff filed a lawsuit against B against the Busan District Court No. 2008Kadan14295 and the plaintiff paid to B the plaintiff 23,126,127 won and 17,000 won among them with 17% interest per annum from April 1, 2005 to the date of full payment. The decision in favor of the plaintiff was affirmed on May 14, 2008.
B. On January 19, 2014, G, H, I, J, B, and K (each of 2/17 shares inherited) owned the instant real estate by the Defendant (the co-inheritors) and his/her children F, G, I, J, B, and K (each of 2/17 shares inherited) with the Defendant’s sole inheritance (hereinafter “instant agreement on the division of inherited property”), and accordingly, the Defendant completed the registration of ownership transfer on the instant real estate by reason of the agreement on January 19, 2014, such as Changwon District Court Seoyang Branch Branch Branch Branch 2842, which was received on February 4, 2014.
C. B did not have any property other than the inheritance share of the instant real estate at the time of the agreement on division of the inherited property.
[Ground of recognition] Facts without dispute, entry of Gap1 to 6 evidence, purport of the whole pleadings
2. Whether a fraudulent act is constituted
A. The 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 is a provisional co-inheritors, owned independently by each inheritor, or having been performed as a new co-ownership relationship, and therefore, it aims at property rights by its nature. Therefore, it can be subject to the exercise of the right to revoke fraudulent act. Meanwhile, the debtor's transfer of real property, which is one of his/her sole property, to another person free of charge, becomes a fraudulent act against the creditor. Thus, the debtor in excess of his/her obligation already renounced his/her right to his/her share of inherited property