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(영문) 대구지방법원 2017.09.07 2017가단4192

사해행위취소등

Text

1. As to shares of 1/4 of the real estate listed in the separate sheet:

A. Inheritance consultation and division between the Defendant and B on January 2, 2013

Reasons

1. Facts of recognition;

A. On January 20, 1997, the Peace Bank Co., Ltd. ordered a loan of 300 million won, which is a commercial bill, to Co., Ltd., Ltd., and B jointly and severally guaranteed the debt.

B. The above loan claims were transferred to P.S. P.com Co., Ltd. via L. S. S. S. S.com’scom, and P.P. P.C applied for payment order against B, etc. as Seoul Central District Court No. 2005 tea54080.

On October 28, 2005, the above court ordered B to pay 289,129,384 won and 127,264,64,64 won among them.

C. Pump Co., Ltd. transferred the above claim to the Plaintiff on April 16, 2009, and the Plaintiff was granted the succeeding execution clause against the above payment order.

Attached Form

The real estate listed in the list (hereinafter referred to as the “instant real estate”) was owned by D, and D died on January 2, 2013, and its heir had children B, E, Defendant (A), and F.

E. B, on January 2, 2013, entered into a negotiation and division agreement with the Defendant to vest 1/4 of the instant real estate, which is inherited property, in the Defendant, and the remaining inheritors reverted the instant real estate to the Defendant, thereby having divided the inherited property by agreement.

F. Accordingly, on February 6, 2013, the Defendant completed the registration of ownership transfer as the receipt of the Daegu District Court’s registry No. 5691 regarding the instant real estate.

G. B at the time of the above consultation and division arrangement, B had a more debt than the property.

[Grounds: Facts without dispute, entry of Gap 1-3 evidence, purport of the whole pleadings]

2. Determination

A. According to the above facts of recognition, the agreement of division, which reverted to the defendant 1/4 shares out of the real estate of this case inherited by B in excess of its obligation, constitutes a fraudulent act detrimental to its creditors, and in such a case, the defendant's bad faith as the beneficiary is presumed.

B. After D's death, Defendant B shall have an amount equivalent to his share in inheritance.