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(영문) 서울중앙지방법원 2018.04.26 2017가단5137364

사해행위취소

Text

1. It was concluded on September 13, 2014 with respect to 2/7 shares of the real estate listed in the separate sheet between the Defendant and B.

Reasons

1. In full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 and 4, it is recognized that the facts as stated in the reasons for the claim are the same.

2. (1) According to the above facts of recognition, the agreement on the division of inherited property concluded on September 13, 2014 with respect to 2/7 shares of the real estate listed in the separate sheet No. B between the defendant and the defendant constitutes fraudulent act, and the intention of the plaintiff and the defendant's bad faith is presumed, the agreement on the division of inherited property concluded on September 13, 2014 shall be revoked within the limit of 5,536,908, which is the amount of the plaintiff's preserved claim. Since the ownership of the above real estate after the fraudulent act is transferred to Kim Jong-he makes it impossible or considerably difficult to restore the original state, the defendant is liable to pay the plaintiff the above 5,536,908 won as compensation for damages calculated at the rate of 5% per annum as stipulated in the Civil Act from the day following

(2) As to this, the defendant alleged to the effect that he is a bona fide beneficiary, but there is no evidence to acknowledge it, and the defendant's argument cannot be accepted.

3. The plaintiff's claim is accepted on the ground of the reasoning.

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