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1. The inherited property concluded on September 10, 2012 with respect to 2/9 shares, among 158 square meters in Gyeongcheon-gun, Gyeongcheon-gun, Chungcheongnamcheon-gun, the Defendant and B.
Reasons
1. Facts of recognition;
A. The Plaintiff holds “8,081,967 won and damages for delay” against B according to the Daegu District Court Decision 201Gau12671 and “8,081,967 won and damages for delay.”
B. D A died in around 2012, and E, its wife, succeeded to D’s rights and obligations in shares 2/9, each of which is a child, B, A, and F.
C. On September 10, 2012, the registration of ownership transfer was completed on February 19, 2013 under the Defendant’s name on the ground of inheritance due to the division of inherited property by agreement on inheritance on September 10, 2012.
Before the consultation on inherited property, each right to collateral security was established on the land of this case, including the maximum debt amount of KRW 10,000,000 and KRW 16,00,000, and the right to collateral security was established after the division of the inherited property, and the right to collateral security was established on the land of this case.
E. B, at the time of the division of inherited property, there was no other property except 2/9 of the shares in the instant land at the time of the division of inherited property, and there is no other property at the time of the closing of
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 10 (including branch numbers if there are additional numbers), the result of an order issued to submit financial transaction information to the President of the Korea Credit Information Institute of this Court, the result of an order issued to the Minister of Land, Infrastructure and Transport to submit tax information, the fact-finding results on the Minister of Land, Infrastructure
2. The plaintiff's assertion asserts that since the division of inherited property between the defendant and B undermining the plaintiff's fraudulent act, it should be revoked within the scope of KRW 7,379,556, and the defendant is obligated to pay to the plaintiff 7,379,556 and delay damages.
3. Determination
A. According to the facts found in the establishment of fraudulent act, it is the creditor to conclude an agreement on division of inherited property with the content that B renounces 2/9 shares of the land of this case, the sole property of which is one of its own property under the condition that B bears obligations against the plaintiff, unless there are special circumstances.