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1. As to shares 2/11 of the real estate listed in the Schedule,
A. It was concluded on February 28, 2017 between the Defendant and B.
Reasons
1. Facts of recognition;
A. On January 11, 2017, the Plaintiff filed a lawsuit against B against the Plaintiff, and rendered a judgment that “the Defendant shall pay to the Plaintiff the amount of KRW 7,569,090 and KRW 1,390,000 with interest of KRW 27.9% per annum from December 2, 2016 to the date of full payment” (Seoul District Court Decision 2016Da3509). The said judgment became final and conclusive around that time.
B. The real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by C (hereinafter “the deceased”). The deceased died, and the deceased, who is the spouse, succeeded to D, E, F, and B, each of whom is the Defendant, children, and their children.
On February 28, 2017, the inheritors entered into an agreement on the division of inherited property (hereinafter “instant division agreement”) with the Defendant to solely inherit the instant real property, and accordingly, on March 9, 2017, the registration of transfer of ownership in the name of the Defendant was completed.
C. B was in excess of the obligation at the time of the instant split-off consultation, and there was no particular property other than the shares of 2/11 out of the instant real estate to be inherited from the deceased.
B filed a subsequent appeal (Seoul District Court 2017Na2645) against the judgment of Gwangju District Court 2016Gaso63509, but the judgment of dismissal was pronounced.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. Determination
A. According to the facts acknowledged prior to the agreement on division of this case, the Plaintiff had a claim against B prior to the agreement on division of this case, and this constitutes a preserved claim against the obligee’s right of revocation.
B. The agreement on division of inherited property 1 by fraudulent act is to confirm the reversion of inherited property by either having all or part of the inherited property owned by each inheritor as a sole ownership or performing as a new co-ownership relationship with respect to the inherited property provisionally owned by co-inheritors upon commencement of inheritance, and therefore, it is subject to the exercise of the right to revoke fraudulent act by its nature.