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(영문) 수원지방법원평택지원 2020.07.07 2020가단52724

사해행위취소

Text

Attached Form

With respect to 2/11 shares of real property listed in the list:

A. It was concluded on February 17, 2018 between the Defendant and D.

Reasons

1. Facts of recognition;

A. On February 7, 2018, the Plaintiff filed an application for a payment order against D with Seoul Eastern District Court Decision 2018 tea2718 (hereinafter “Seoul Eastern District Court”). On February 9, 2018, the payment order was issued to the effect that “D shall pay to the Plaintiff 4,143,585 won and 3,235,519 won, calculated at the rate of 34.9% per annum from November 1, 2017 to the date of full payment, and that “D shall pay damages for delay calculated at the rate of 34.9% per annum from November 1, 2017 to the date of full payment” and the said payment order was finalized on March 1, 2018.

B. The F died on February 17, 2018 (hereinafter “the deceased”), and the inherited property was due to the real estate indicated in the separate sheet (hereinafter “instant real estate”).

The defendant is the deceased's spouse, and C, G, D, and H are the deceased's children.

C. On February 17, 2018, the Defendant and C, G, D, and H entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”). On April 19, 2019, on the instant real property, the registration of transfer of ownership in the name of the Defendant was completed due to inheritance by consultation and division on February 17, 2018.

At the time of the agreement on the division of the inherited property of this case, D was in excess of debt, and 2/11 shares in the inherited shares in the real property of this case were the sole active property.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 4, 6, 7, Eul evidence 1 and 2, the purport of the whole pleadings

2. Request for the cancellation of registration of transfer of ownership due to the cancellation of fraudulent act;

A. According to the facts found as above, at the time of the agreement on the division of the inherited property in this case between the defendant and D, the plaintiff had a total of KRW 4,536,196 (=4,143,585 won, KRW 337,211 (amount for delay) and KRW 55,400 (amount for demand procedure), and less than KRW 55,400) under the payment order finalized against D at the time of the agreement on the division of the inherited property in this case. Thus, the plaintiff's above claim against D against D is recognized as a preserved claim against the fraudulent act in this case.

(b) revocation of fraudulent act; and