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(영문) 춘천지방법원강릉지원 2019.01.22 2018가단2512

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff has a claim against C for the amount of KRW 9,290,563 as well as the damages for delay calculated at the rate of KRW 15 to 20% per annum from October 25, 2003.

B. C’s mother-friendly D died on January 9, 2018, and the network D (hereinafter “the network”) had six children (one woman E, South and North Korea, F, South and North C, 3 women G, 3 South and North H).

C. On April 26, 2018, the registration of ownership transfer was completed on January 9, 2018 on the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Deceased on the grounds of inheritance by consultation and division on January 9, 2018.

At the time of the deceased’s death, C was in excess of its obligation without any specific property.

[Grounds for Recognition: Evidence Nos. 1, 2, and 3; Evidence Nos. 1; Evidence Nos. 1; and Evidence Nos. 1; the court of this case; the result of each fact inquiry into the Korean Credit Information Institute; the purport of the whole pleadings]

2. The plaintiff asserts that C’s waiver of the right to a share of one sixth of the instant real estate upon consultation on the division of inherited property constitutes a fraudulent act, and thus, the above agreement on the division of inherited property should be revoked. The defendant asserts that C is obligated to implement the procedure for the registration of ownership transfer with respect to one sixth of the instant real estate to restore the original state to its original state, the defendant asserts that the contributory portion of the instant real estate by the defendant who is the head of South and North, is equal to the value of the instant real estate, and thus,

3. The agreement on the division of the judgment inherited property is to confirm the reversion of the inherited property by either having all or part of the inherited property, which was provisionally owned by the co-inheritors upon commencement of inheritance, as a sole ownership by each inheritor, or performing it as a new co-ownership relationship, and therefore, it can be subject to the exercise of the right to revoke the fraudulent act, and it has already been in excess of the obligation.