채무초과상태에 있는 채무자가 상속재산의 분할협의를 하는 경우 채권자에 대한 사해행위에 해당함[국승]
Jeonju District Court-2016-Ba31376 ( October 10, 2018)
If the debtor in excess of his/her obligation agrees on the division of the inherited property, it constitutes a fraudulent act against the creditor.
(As with the judgment of the court of first instance), it is difficult to recognize that the defendant's presumption of bad faith was reversed and the evidence submitted by the defendant was proved, and there is no other sufficient ground to recognize it.
Article 30 of the National Tax Collection Act
2018Na11797 Revocation of Fraudulent Act
west ○
Korea
August 8, 2019
September 5, 2019
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
1. Purport of claim
On September 4, 2013, the agreement on the division of inherited property concluded on September 4, 2013 with respect to 1/4 shares of the real estate listed in the attached Form 1 through 5 of the first instance judgment (hereinafter referred to as the "attached Form") between the defendant and the co-defendant of the first instance trial (hereinafter referred to as the "SA"), and the Seo-B (hereinafter referred to as the "SB"), shall be revoked. The defendant shall implement the procedure for the registration of ownership transfer for 1/4 shares of each of the real estate listed in the attached Form 1 through 4, and the registration procedure for ownership transfer for 1/8 shares of each of the real estate listed in the attached Form 5 shall be implemented, with respect to 1/8 shares in the real estate listed in the attached Form.
2. Purport of appeal
The part against the defendant in the judgment of the first instance shall be revoked. The plaintiff's claim against the defendant shall be dismissed.
The grounds for appeal by the defendant are not significantly different from the allegations in the first instance court, and the reasons for this decision are the same as the reasons for the judgment in the first instance, and thus, they are quoted as they are in accordance with the main sentence of Article 420 of the Civil Procedure Act (excluding the part concerning the co-defendants in the first instance court, the decision regarding the
Therefore, the part against the defendant in the judgment of the first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.
Mobilization of Judges