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(영문) 창원지방법원마산지원 2015.11.26 2015가단102418

사해행위취소

Text

1. As to shares 2/17 of each real estate listed in the separate sheet:

A. The inherited property of November 23, 2012 between the Defendant and C.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against C and D with Changwon District Court 2007Gahap8143, Jan. 4, 2008, the settlement was concluded that “C and D jointly pay 16,577 million won to the Plaintiff by December 31, 201, on which the Plaintiff jointly pays 100,000 won to the Plaintiff until December 31, 201, but, in delay, the delay is paid by adding the damages for delay calculated at the rate of 20% per annum from the following day to the date of delay.”

B. On November 23, 2012, E, his father, died on November 23, 2012, the inheritors, including C and the Defendant, agreed on the division of inherited property, each of the real estate listed in the separate sheet (hereinafter “instant real estate”) as inherited property, to vest in the Defendant. Accordingly, the Defendant completed the registration of ownership transfer on October 30, 2013 for the instant real estate on the ground of inheritance by consultation and division.

C. At the time, C had no particular assets except for 2/17 shares in respect of the instant real estate, inherited property.

[Ground of recognition] Unsatisfy, entry of Gap 1 through 7 evidence (including paper numbers), fact-finding with respect to the head of the fleet of this court, the purport of the whole pleadings

2. Determination

A. The establishment of a fraudulent act and the division of inherited property in bad faith presumed to be jointly owned by co-inheritors upon commencement of inheritance, are to confirm the reversion of inherited property by either having all or part of the inherited property, which is provisionally owned by each inheritor, or having been performed as a new co-inheritors, and therefore, it is a juristic act aimed at property rights in its nature. Therefore, it can be subject to the exercise of the right to revoke a fraudulent act. Meanwhile, the debtor's act of selling real property, which is only one of his/her own property, and changing it with or transferring it to another person without compensation, becomes a fraudulent act against the creditor, barring special