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(영문) 서울서부지방법원 2020.01.31 2019가단204947
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. F Co., Ltd. (Seoul Central District Court Decision 2015da5066790) filed a lawsuit against E to claim the cost of using credit card (Seoul Central District Court Decision 2015da506790) and received a favorable judgment, and the interest and interest thereon are as follows as of December 12, 2018:

The interest rate of KRW 17,024,238 in total pursuant to the Seoul Central District Court Decision 2015Da506790: Interest rate of KRW 1,167,50 in total: KRW 46,578 (Annual 23.7%): interest rate of KRW 1,130,290 (annual 23.7%): 2,344,368 in small amount: Interest of KRW 6,463,57 in total: Interest of KRW 37,841,767 (annual 29.7%) after the judgment: 7,841,767 (annual 29.7%)

B. On July 5, 2018, F Co., Ltd. transferred the above claim to the Plaintiff. On August 27, 2018, F notified E of the assignment of claim.

C. On July 13, 2012, G’s father dieded on or around July 13, 2012. The heir was the Defendant, the spouse, and H and E, who were his/her spouse. However, the above inheritors completed the registration of transfer of ownership with the receipt of Busan District Court’s Dong branch support registration and the receipt of No. 1071560, Dec. 23, 2015, on the ground that the inheritance of the real estate listed in the separate sheet (hereinafter “instant real estate”) as indicated in G was the cause of the above date consultation and division as to the real estate owned by G.

[Ground of recognition] No dispute, entry of Gap evidence 1 to 6, the purport of the whole pleadings

2. The assertion and judgment

A. In order to evade the above debt, the Plaintiff’s assertion E completed the registration of ownership transfer in the name of the Defendant solely on December 23, 2015 after the total inheritance shares of E among the instant real estate was transferred to the Defendant on December 23, 2015.

This is a case where a debtor in excess of a debt waives his/her right to inherited property in consultation on division of inherited property, resulting in a decrease in the joint security for the general creditor.

Therefore, the agreement on the division of inherited property concluded on July 13, 2012 between E and the Defendant with respect to the instant real property ought to be revoked within the limit of KRW 17,024,238 of the Plaintiff’s amount as a fraudulent act. The Defendant is equivalent to the Plaintiff’s compensation for value.

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