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(영문) 광주지방법원 목포지원 2018.08.08 2018가단50766

사해행위취소

Text

1. The Defendant and B concluded on October 26, 2015 with respect to 1/5 shares of the real estate listed in the separate sheet.

Reasons

1. Indication of claim;

A. The Plaintiff has a claim based on the final and conclusive judgment (U.S. District Court No. 2006 Ghana812) against B.

B. C owned the real estate listed in the separate sheet (hereinafter “instant real estate”) and died on October 26, 2015, and there are five brothers and sisters, including B and the Defendant.

(1/5 each of the shares in inheritance).

On October 26, 2015, the above inheritors entered into an agreement on the division of inherited property (hereinafter “instant agreement on division of inherited property”) with the effect that the Defendant independently owns the instant real property, which constitutes a fraudulent act.

On the other hand, on September 1, 2017, the defendant completed the registration of transfer of ownership on the instant real estate to D on the grounds of sale.

E. Therefore, the agreement on the division of the inherited property of this case concluded between the Defendant and B shall be revoked within the limit of KRW 2,082,200, whichever is the smaller between the joint collateral value of the portion corresponding to the portion of the inheritance of this case among the real property of this case and the Plaintiff’s preserved claim amount. The Defendant, as the beneficiary, is obligated to pay the Plaintiff KRW 2,082,200 and damages for delay.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts.