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(영문) 인천지방법원 2021.03.18 2020가단227003

사해행위취소

Text

Attached Form

With respect to 2/9 shares of real property listed in the list:

A. Inherited property concluded on June 2, 2019 between the Defendant and C.

Reasons

1. Facts of recognition;

A. On July 29, 2018, C entered into a loan transaction agreement with D Co., Ltd. (hereinafter “D”) with a loan amount of KRW 18 million. On the same day, C entered into a personal credit insurance contract (hereinafter “instant insurance contract”) with a view to securing losses that D would incur if C fails to perform its obligation under the said loan transaction agreement.

B. C did not pay the principal and interest on May 18, 2019, and the occurrence of the insurance accident occurred. D claimed insurance proceeds against the Plaintiff on June 22, 2019.

On August 30, 2019, the Plaintiff paid KRW 10,434,784 insurance proceeds to D.

(c)

The amount to be paid by C to the Plaintiff under the instant insurance contract is KRW 11,085,019 as of April 24, 2020 (i.e., KRW 10,434,784 delayed damages of KRW 586,626).

(d)

C In June 2, 2019, the mother of the deceased (hereinafter “the deceased”) died, and on June 2, 2019, the deceased’s husband F, the Defendant, C, and G, on June 2, 2019, entered into an agreement on division of the inherited property (hereinafter “instant agreement on division”) with the content that the Defendant succeeds to the real property (hereinafter “instant real property”) listed in the attached list, which was owned by the deceased.

On July 5, 2019, the Defendant completed the registration of the transfer of ownership on the instant real estate by consultation on the said partition.

E. C was in excess of its obligations at the time of the instant split-off agreement.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 4 through 12 (including branch numbers), and the result of this court's inquiry into the facts of the administrative branch of this court, as a result of response to the submission of financial transaction information to H agencies, the purport of the whole pleadings

2. Determination

A. The purpose of the relevant legal doctrine is to confirm the attribution of inherited property by holding all or part of the inherited property temporarily owned by the co-inheritors upon commencement of inheritance or by performing it as a new co-ownership relationship with respect to the inherited property, the purpose of property rights by its nature.