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(영문) 서울북부지방법원 2016.01.14 2015가단137265

사해행위취소

Text

1. As to the 2/7 share of the real estate listed in the separate sheet between the Defendant and B, the inheritance took place on August 20, 2014.

Reasons

1. Indication of claim;

A. On June 3, 2015, the Plaintiff applied for a payment order against B with the Seoul Northern District Court Decision 2015 tea2359, the Plaintiff received an order to pay the Plaintiff KRW 2,048,610 as well as KRW 1,392,748 as to KRW 2,048,610, and KRW 1,392,748 as to KRW 38.9% per annum from May 9, 2015 to the date of full payment. The said order was finalized on June 24, 2015, and the amount of the Plaintiff’s claim against B as of December 23, 2015 is KRW 3,009,079.

B. Upon the death of B’s mother C on August 20, 2014, B, as an inheritor, transferred its ownership to the Defendant, one of its denials, as the Busan District Court’s Busan District Court’s receipt No. 47209, Aug. 27, 2014, on the ground of inheritance by a split-off as of August 20, 2014, on the real estate listed in the separate sheet (hereinafter “instant real estate”).

C. The agreement on the division of inherited property is a juristic act aimed at property rights by nature, which is subject to the exercise of the right to revoke a fraudulent act, and the debtor's act of selling real property, which is the only property, and changing the property in money easily consumed or transferring it to another person without compensation, becomes a fraudulent act against the creditor, barring special circumstances. Thus, the waiver of ownership of the pertinent real property, which is the only property of the debtor, through the division of inherited property by agreement on division of inherited property on August 2

In addition, according to the above circumstances, B's intention of death is clear and it is presumed that the defendant's bad faith is presumed.

In relation to restitution following the revocation of fraudulent act, since the defendant cancelled the registration of the right to collateral security of the national bank established on the real estate of this case after the fraudulent act was committed, only compensation for value is possible

E. Therefore, the division of the inherited property of this case between the defendant and B shall be revoked within the limit of KRW 3,009,079, and the defendant shall pay to the plaintiff KRW 3,009,079 and this case.