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(영문) 인천지방법원 2018.05.29 2017가단239235

사해행위취소

Text

1. As to 3/7 shares of real estate listed in the separate sheet:

A. It was concluded on June 28, 2017 between the Defendant and B.

Reasons

1. Basic facts

A. As to the claim for reimbursement against Nonparty B, the Plaintiff filed a lawsuit for the claim for reimbursement with the Incheon District Court 201Da76733.

On August 31, 2011, the above court rendered a ruling that “B shall jointly and severally with C pay to the Plaintiff 7,916,320 won and 4,152,239 won with 19% interest per annum from February 4, 2001 to the date of full payment,” and the above ruling became final and conclusive as it is.

However, even thereafter, as of September 11, 2017, B did not pay its obligations to the Plaintiff, the amount as of September 11, 2017 reaches KRW 20,256,840.

B. Meanwhile, D, a legal spouse of B, died on June 1, 2017, and accordingly, D’s property was jointly inherited at the ratio of 3/7 of B, the spouse, and 2/7 of the Defendant and Nonparty E, respectively.

C. On June 28, 2017, D’s co-inheritors, including the Defendant, entered into an agreement on the division of inherited property (hereinafter “instant agreement on division”) with the content that the real estate (hereinafter “instant real estate”) owned by D was owned solely by the Defendant, a child of D, and accordingly, the Defendant completed the registration of ownership transfer, such as the written order, on June 30, 2017.

B At the time of the split-off consultation, there was no particular active property except for the inheritance shares in the instant real estate.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, entry of evidence 5-1 through 10, purport of whole pleadings]

2. Determination

A. According to the above facts as to the existence of a preserved claim, the plaintiff had a claim for indemnity against B at the time of the division consultation in this case, and thus, the above claim is a preserved claim for revocation of a fraudulent act.

B. The debtor's act of selling real estate, which is the only property of his own, and changing it into money which is easily consumed or transferring it to another person without compensation.