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(영문) 의정부지방법원 고양지원 2018.04.12 2017가단15853

사해행위취소 등

Text

1. On May 7, 2017, the Defendant and Nonparty B concluded on May 7, 201 with respect to 2/11 shares of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On August 28, 2008, the Plaintiff filed a lawsuit against Nonparty B for a transfer fee to the party members and rendered a final and conclusive judgment that “B shall pay to the Plaintiff KRW 27,532,703 as well as the amount calculated at the rate of 17% per annum from October 25, 2003 to August 14, 2008, and 20% per annum from the next day to the date of full payment.” As of September 8, 2017, the Plaintiff is KRW 91,631,597, if it combines the principal and delay damages as of September 8, 2017.

B. C, as referred to in B, died on May 7, 2017, and as the heir of the network C, there was D, B, E, and F, who is the spouse, and the share of inheritance of B is 2/11.

The net C's inherited property is all real estate listed in the attached list (hereinafter "the apartment of this case").

C. On May 7, 2017, the deceased C’s inheritors entered into an agreement on the division of inherited property to have the instant apartment owned by the Defendant solely, and the Defendant completed the registration of ownership transfer as the receipt of No. 62670 on May 29, 2017 by the high-income registry office for the party members.

The market price of the apartment of this case is from 230 million to 240 million won.

E. B is in excess of the obligation.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 7 (including virtual number), Eul evidence 1, the purport of the whole pleadings

2. Determination as to the establishment of fraudulent act

A. The agreement on the division of the inherited property established by a fraudulent act is to confirm the reversion of the inherited property by either having all or part of the inherited property provisionally owned by the co-inheritors upon commencement of inheritance as a single ownership by each inheritor, or by performing it as a new co-ownership relationship, and therefore, it is a juristic act the object of which is property right by its nature, and thus can be the exercise of the right

(See Supreme Court Decision 200Da51797, Feb. 9, 2001). B waives the right to the inheritance share (2/11) of the apartment of this case while holding a divided agreement on inherited property in excess of debt, and causes the defendant to inherit that share.