beta
Text
1. The Defendant and F entered into an agreement on August 3, 2016 with respect to the share of 2/11 square meters in Yongcheon-si G 2,451 square meters.
Reasons
1. Basic facts
A. On February 11, 2009, F entered into a credit card use contract with the Plaintiff. From around 2012, F did not pay the credit card fee.
Accordingly, on May 7, 2013, the Plaintiff filed a lawsuit against F with the Seoggu District Court Branch 2013 Ghana302882, and filed a lawsuit with F to seek credit card use fees, and the judgment of F was finalized around that time, that “F shall pay to the Plaintiff 4,025,536 won and 3,805,282 won with the interest of 29.9% per annum from November 17, 2012 to the date of full payment.”
B. As of December 6, 2018, F, as of December 6, 2018, the total amount of KRW 10,740,977 (the principal of KRW 3,805,282,878, the late payment charge of KRW 6,852,817) is 10,740,977.
C. The Plaintiff owned 2,451 square meters (hereinafter “instant real estate”). However, upon the death of H on August 3, 2016, the Plaintiff, the heir, I, J, K, F, and the Defendant, on August 3, 2016, entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the content of the Defendant’s inheritance of the instant real estate in entirety and the renunciation of their respective inheritance shares (hereinafter “instant agreement”).
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. Determination
A. According to the facts found as above, at the time of the agreement on the division of inherited property of this case, the Plaintiff had F with the claim against F, such as the principal amount of the credit card usage fee of KRW 3,805,282, and the late payment charge.
This is a preserved claim of creditor's right of revocation.
B. The agreement on the division of inherited property by fraudulent act is to confirm the reversion of inherited property by wholly or partially owning the inherited property of each inheritor or performing it as a new co-ownership relationship with respect to the inherited property, which has been provisionally owned by co-inheritors upon commencement of inheritance, and therefore, it can be subject to the exercise of the right to revoke fraudulent act, since it is a juristic act aimed at property right by its nature.