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(영문) 광주지방법원순천지원 2020.11.24 2020가단73065

사해행위취소

Text

1. As to shares of 1/3 of each of the real estate listed in the attached real estate list

A. On March 27, 2019, between the Defendant and C.

Reasons

Facts of recognition

On December 20, 2013, the Plaintiff received from the Korea Deposit Insurance Corporation in Bankruptcy of D Co., Ltd. (hereinafter “transferor”) the claim amounting to KRW 11,913,837 and the amount calculated by the rate of 39% per annum from September 14, 2012 to the date of complete payment with respect to KRW 1,92,452 from the transferor’s “11,93,837,” and the transferor notified the transfer to C on March 17, 2014 and notified the transfer to C at that time.

C On March 27, 2019, upon the death of his mother E (hereinafter “the deceased”) on September 3, 2018, C entered into an agreement on the division of inherited property (hereinafter “instant agreement on division”) with the deceased et al.’s inheritors, including the Defendant, to vest all 1/3 of his/her inheritance shares in the attached real estate list (hereinafter “each of the instant real estate”), which is inherited property, on the part of the Defendant, on March 28, 2019. Based on the foregoing, the Defendant entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division”). Based on the foregoing, on March 28, 2019, the “each of the instant registration of ownership transfer listed in Section 1(b) of the Disposition

A) complete the work (However, the date and time of the cause for registration is the date of death of the deceased.

A) At the time of the instant partition consultation, C was in excess of the obligation. [Grounds for recognition] At the time of the instant partition consultation, following the fact that there was no dispute, as to the evidence Nos. 1 through 3, Eul evidence Nos. 2-2, Eul evidence Nos. 4, 5, 12, and 13, and the purport of the entire pleadings as to preserved claims, the Plaintiff had the above-mentioned claim No. 1 against C at the time of the instant partition consultation, and this constitutes a preserved claim for revocation of the instant fraudulent act. This constitutes a fraudulent act against the general creditor, in principle, even where the joint security against the general creditor has decreased due to the waiver of the rights to his/her inherited property upon the division consultation of inherited property (see, e.g., Supreme Court Decisions 2007Da29119, Jul. 26, 2007; 2014Da4716, Oct. 15, 2015).