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1. As to 2/5 shares in the real estate listed in the separate sheet
A. It was concluded on January 26, 2017 between the Defendant and B.
Reasons
1. Facts of recognition;
A. On June 16, 2015, the Plaintiff filed a payment order against B with the Gun court of the Gun branch of the Daegu District Court of the Gun branch of the Gun branch of the Gun branch of the Gun branch of the Gun branch of the Gun branch of the Gun branch of the Gun branch of the Gun branch of the Gun branch of the Gun branch of the Gun branch of the Gun branch of the Gun branch of the Gun branch of the Do branch of the Do branch of the Do branch of the Do branch of the Do branch of the Do branch of the 3,63,073 won and the 17% per annum from October 25, 2003 to May 20, and the 2005 interest rate for delay calculated by 20%
B. On January 26, 2017, while C’s agreement on the division of inherited property among C’s property successors owned the real estate listed in the separate sheet (hereinafter “instant real estate”), the Defendant, the spouse, and B, concluded an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the Defendant to own the said real estate solely on January 26, 2017, and accordingly, the registration for the transfer of ownership in the name of the Defendant was completed on April 4, 2017.
On the other hand, B did not own any active property around that time.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1-13, Eul evidence Nos. 2, Andong Tax Office, and the result of response to each order to submit financial transaction information to the Korea Credit Information Institute, the purport of the whole pleadings
2. Determination
A. As seen earlier than the establishment of the secured claim, the Plaintiff received an order of payment to the effect that “3,63,073 won and damages for delay calculated at the rate of 17% per annum from October 25, 2003 to May 20, 2005, and 20% per annum from the next day to the date of full payment,” with respect to the secured claim against B, and the above transferred money claims can be subject to the obligee’s right of revocation.
B. The agreement on the division of inherited property of the relevant legal doctrine as to fraudulent act and intent to commit suicide is based on the sole ownership or new co-ownership relationship between each inheritor with respect to the inherited property provisionally owned by co-inheritors upon the commencement of inheritance.