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1. As to the 1/3 share of each real estate listed in the separate sheet, it shall be concluded on September 7, 2017 between the defendant and C.
Reasons
1. On April 9, 2014, the Plaintiff filed a lawsuit against C, etc. for a claim for reimbursement amounting to the original state branch of the Chuncheon District Court 2014Kadan1002, which was rendered a favorable judgment. The said judgment became final and conclusive on April 29, 2014.
Based on October 16, 2017 (the day before the submission of the complaint in this case), the Plaintiff has a claim against C for indemnity amounting to KRW 337,979,962.
C completed the registration of ownership transfer in the future of the Defendant (C) on the grounds of each transaction as of September 7, 2017 as indicated in the order with respect to shares of 1/3 of each real estate listed in the separate sheet (hereinafter “each real estate of this case”).
At the time of each purchase and sale as of September 7, 2017 (as seen in Section B 14 and Section 15), C bears approximately KRW 300 million against the Plaintiff and approximately KRW 50 million against the Credit Guarantee Fund.
[Ground of recognition] Facts without dispute, all documentary evidence, witness C’s testimony, inquiry results, order to submit financial transaction information (D), the purport of the whole pleadings
2. Determination
A. Division consultation on inherited property by the relevant legal principles is to confirm the reversion of inherited property by either having all or part of the inherited property owned by each heir as a sole ownership or performing as a new co-ownership relationship with respect to the inherited property, upon commencement of inheritance, which is a provisional co-inheritors, and thus, it is a juristic act aiming at property rights by its nature, and thus, it may be subject to the exercise of the right to revoke a fraudulent act (see, e.g., Supreme Court Decision 2000Da51797, Feb. 9, 2001). Meanwhile, inasmuch as the debtor’s act of selling real property, which is one of his/her sole property, and changing it into money easily for consumption or transferring it to another person without compensation, the creditor becomes a fraudulent act (see, e.g., Supreme Court Decisions 200Da41875, Apr. 24, 200; 202Da17937, Jun. 11, 2002).