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(영문) 서울남부지방법원 2017.11.09 2017가단215999

사해행위취소

Text

1. It is concluded between the defendant and the non-party B (C) on December 28, 2016 as to one sixth of each of the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On December 24, 2009, the Plaintiff filed a lawsuit seeking reimbursement against B with the Seoul Central District Court 2009 Ghana1729708, and received the judgment of the said court that “B shall pay to the Plaintiff 10,115,068 won and 10,000,000 won which are calculated at the rate of 19% per annum from August 23, 1999 to the date of full payment,” and the said judgment became final and conclusive on January 23, 2010.

Meanwhile, as of March 30, 2017, the amount of principal and interest of the Plaintiff’s claim for indemnity against B by the above judgment is KRW 41,230,174.

B. The attachment D owned the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”), and died on December 28, 2016.

C. D’s co-inheritors are E, F, B, G, H, Defendant, each of whom is the children of the network D, and the inheritance shares are 1/6.

On December 28, 2016, the above co-inheritors, including the Defendant and B, entered into an agreement on the division of inherited property with the Defendant’s sole possession of all inheritance shares in the instant real estate.

(hereinafter “instant agreement on division of inherited property”). E.

On March 2, 2017, according to the agreement on division of the inherited property of this case, the registration of transfer of ownership to the real property of this case was completed in the future of the defendant.

(F) around December 28, 2016, B had no particular property in addition to the portion of inheritance of the instant real estate and currently had the same effect.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 18 evidence, the whole purport of the pleading

2. Establishment of the right to revoke the fraudulent act;

A. In a case where a debtor in excess of his/her obligation to determine the cause of the claim gives up his/her right to his/her share of inheritance while holding an agreement on division of inherited property, and thus the joint security against the general creditor has decreased, in principle

(see, e.g., Supreme Court Decision 2012Da26633, Jul. 10, 2014). Furthermore, the evidence mentioned in the foregoing legal doctrine is the only one at the time of the agreement on the division of the inherited property of this case.