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(영문) 전주지방법원군산지원 2020.12.01 2020가단471

사해행위취소

Text

1. It was concluded on November 19, 2017 with respect to the shares of 2/11 of each of the real estate listed in the separate sheet between the defendant and C.

Reasons

1. Facts of recognition;

A. The Plaintiff transferred and acquired the credit card payment claim against the Defendant of D Co., Ltd., and applied for a payment order against the Defendant in 2008, and the court (Seoul Central District Court 2008 tea 20917) issued an order to the Plaintiff to pay money at the rate of 18% per annum for KRW 26,11,787 and KRW 6,619,768 from April 4, 2008 to the date of full payment. The above payment order was issued to the Plaintiff on April 23, 2008.

5. A final and conclusive date.

B. On January 23, 2018, the Defendant completed the registration of ownership transfer in its name on each of the real estate listed in the [Attachment List] owned by the deceased E (hereinafter “the deceased”), the father of which was the father, on November 23, 2017 (hereinafter “the instant real estate”), due to inheritance by agreement and division as of November 17, 2017.

C. Meanwhile, as at November 17, 2017, C was in a condition that the total amount of a passive property exceeds the total amount of active property.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 7, 10, 11, 12 (including all kinds of documentary evidence with different numbers) and the purport of the whole pleadings

2. Determination

A. The agreement on the division of inherited property is to confirm the reversion of inherited property by either wholly or partially owning the inherited property of each inheritor or performing it into a new co-ownership relationship with respect to which a provisional co-inheritors have been co-inheritors upon the commencement of inheritance, and therefore, it can be subject to the exercise of the right to revoke fraudulent act, in view of its nature, as it aims at property

(Supreme Court Decision 2007Da73765 Decided March 13, 2008). B.

Modern, Badern

1. Comprehensively taking account of the facts acknowledged in the facts admitted in the facts, C has reduced the joint collateral of the general creditors by holding an agreement on the division of inherited property with the content of waiving 2/11 of the inheritance shares among the instant real property in excess of debt, and C shall be deemed to constitute a fraudulent act.