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(영문) 대구지방법원 안동지원 2021.01.13 2020가단20227

사해행위취소

Text

1. It was concluded on October 31, 2015 with respect to the share of 2/11 of the real estate listed in the separate sheet between the Defendant and C.

Reasons

1. Basic facts

A. On May 8, 2014, the Plaintiff filed a lawsuit against C seeking payment of the acquisition amount with the Daegu District Court 2014Ga Office 338 at the time of permanent residence of the Daegu District Court, and rendered a judgment on May 8, 2014 that “C shall pay to the Plaintiff the amount of KRW 5 million and the amount calculated at the rate of 21% per annum from October 29, 1996 to the date of full payment,” and the above judgment became final and conclusive on July 11, 2014.

B. (1) D (hereinafter “the Deceased”) died on October 31, 2015, and the Defendant, children C, E, F, and G, who are the spouse, jointly inherited the deceased’s property.

(2) On October 31, 2015, the Defendant completed the registration of ownership transfer on December 7, 2015, on the real estate listed in the separate sheet owned by the Deceased (hereinafter “instant real estate”).

(c)

C’s financial status (Death on November 29, 2016) was at the time of the agreement on the division of the instant inherited property, at the time of the agreement on the division of the instant inherited property, at the time of the agreement on the inheritance shares (2/11 shares) of the instant real estate,

[Ground] Evidence Nos. 1 through 3, evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. C’s establishment of an act of deception has already waived the right to share 2/11 of the inherited property of this case among the real property of this case in excess of the debt. As a result, joint collateral against general creditors has decreased, it constitutes an act of infringing upon creditors in principle (see Supreme Court Decision 2007Da29119, Jul. 26, 2007, etc.). (1) The Defendant asserted the Defendant’s bona fide assertion regarding the Defendant’s bona fide assertion (1) on January 28, 1965, and completed a marriage report with the Deceased and the Deceased for about 50 years until the Deceased died. The real property of this case was acquired as joint property created by the Deceased and the Defendant, and was residing together for about 25 years after the Deceased’s death.