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(영문) 서울북부지방법원 2018.02.07 2016나38458

사해행위취소

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1. Of the judgment of the court of first instance, the part against the Plaintiff ordering the following cancellation and cancellation registration procedures.

Reasons

1. Facts of recognition;

A. On December 8, 2006, the Plaintiff loaned KRW 120,000,000 to B, and B was unable to repay the loan at maturity (hereinafter “the loan claim of this case”).

(2) On July 5, 2011, the Plaintiff filed a lawsuit against B with the Seoul Central District Court 201Gadan98011, and the said court rendered a judgment that “B shall pay to the Plaintiff 120,000,000 won with interest rate of 19% per annum from December 27, 2010 to the date of full payment,” and the said judgment became final and conclusive around that time.

B. Division of the inherited property between the debtor B and the defendant 1) The defendant and B are siblings B (the defendant is punished by B).

In addition, the father C died on May 28, 2015, and his mother jointly succeeded to the deceased (B’s statutory share of inheritance is 2/7).

A) As to the deceased’s inherited property, the real estate listed in the separate sheet as active property (hereinafter “instant real estate”).

(D apartment) No. 212, 101 (hereinafter referred to as “D apartment”) in Yongsan-gu, Ilyang-gu, Busan-si.

(2) On May 28, 2015, the Defendant completed the registration of ownership transfer on the instant real estate on July 13, 2015, and on July 9, 2015, on the ground of inheritance by agreement and division (hereinafter “instant division agreement”).

C. At the time of the split-off consultation of the debtor B's insolvency, B assumed the debt of the instant loan against the plaintiff, while there was no particular active property other than the portion of the instant real estate and D apartment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 7, the purport of the whole pleadings

2. Whether a fraudulent act is constituted

A. 1) Party’s assertion 1) The Defendant Deceased’s agreement to divide the instant real estate that the Plaintiff’s share 2/7 of the instant real estate belongs to the Defendant in excess of his/her obligation constitutes a fraudulent act detrimental to the Plaintiff, a creditor.