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(영문) 수원지방법원안양지원 2019.06.13 2018가단10591

사해행위취소 등

Text

1. As to shares 2/13 of each real estate listed in the separate sheet:

A. The Defendant entered into a contract with C around April 20, 2018.

Reasons

1. The gist of the cause of the claim was that the Industrial Bank of Korea has provided loans to the defendant's son, and the plaintiff was finally transferred the above principal and interest claim against C through D et al. on June 27, 2008.

The Plaintiff filed a lawsuit against C with the Seoul Central District Court No. 2009 Ghana1403648, and subsequently decided on June 26, 2009 that “C shall pay to the Plaintiff 14,567,085 won and 7,193,256 won with interest rate of 20% per annum from August 23, 2008 to the date of full payment,” which became final and conclusive as is.

On April 20, 2018, E, the husband of the defendant, died on or around April 20, 2018, there was the defendant, the heir of the defendant, and C, and the share of inheritance of C is 2/13.

Around April 20, 2018, the Defendant entered into a contract with C, etc. for division of inherited property with the content that the Defendant succeeds to each of the real estate listed in the separate sheet, which is E’s inherited property, solely by succession. On July 13, 2018, the Defendant completed the registration of ownership transfer on each of the above real estate as the ground of division of inherited property by agreement among the aforementioned successors.

C Under the above agreement on division of inherited property, C waives the right to share 2/13 of each of the above real property, which corresponds to the share of 2/13 of the above real property, and caused the Defendant to succeed to it, and thus the joint collateral against the general creditors including the Plaintiff is lost or reduced. As such, the part between the Defendant and C of the above agreement on division of inherited property should be revoked as a fraudulent act against the Plaintiff. Accordingly, the Defendant is obligated to cancel the registration of ownership transfer as to share 2/13 of the above real property.

2. Judgment made by deemed confession: Article 208 (3) 2 of the Civil Procedure Act.