beta
(영문) 광주지방법원 2014.09.02 2013가단55619

사해행위취소

Text

1. The inherited property concluded on June 14, 2013 between the defendant and the non-party B regarding the real estate stated in the separate sheet.

Reasons

1. Basic facts

A. On March 10, 2006, the Plaintiff received a payment order from this court stating that “B shall pay to the Plaintiff 11,95,000 won and the amount equivalent to 17% per annum from October 25, 2003 to March 24, 2006, and 20% per annum from the next day to the date of full payment,” based on the Plaintiff’s acquisition of loan claims against B by financial institutions. The above payment order was finalized on April 8, 2006.

B. The damages for delay due to the above payment order is KRW 20,033,959 as of August 30, 2013.

C. B and the Defendant’s mother, died on June 14, 2013. The Defendant, D, and B, the inheritor of C, concluded an agreement on the division of inherited property with the purport that the Defendant would own the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by C on July 3, 2013.

The Defendant completed the registration of transfer of ownership on the instant real estate by agreement division as the receipt No. 14214 on July 9, 2013 of the Gwangju District Court’s registry office.

E. At the time of the agreement on division of the above inherited property, B did not have any particular property except for the inheritance shares regarding the instant real estate at the time of the agreement on division of the inherited property, and was in excess of obligations due to the Plaintiff’s obligation

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 12 (including numbers, if any; hereinafter the same shall apply), the results of fact inquiries to the Gwangju District Tax Office of this Court and the head of Nam-gu Seoul Metropolitan City, the purport of the whole pleadings

2. The establishment of a fraudulent act and the intention of doing so;

A. The agreement on partition of the inherited property to determine the cause of the claim is to confirm the reversion of the inherited property by either having all or part of the inherited property, which was provisionally owned by the co-inheritors upon commencement of inheritance, as the sole ownership of each inheritor, or by performing it as a new co-ownership relationship, and is therefore a juristic act aimed at property rights in its nature.