(영문) 의정부지방법원 2020.06.04 2019가단127689

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 의정부지방법원 2020.06.04 2019가단127689

사해행위취소

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1. The inherited property concluded on March 18, 2018 with respect to 2/9 shares of each land listed in the separate sheet between B and the Defendant.

Reasons

1. Basic facts

A. B, from May 7, 2013 to April 24, 2015, engaged in construction machinery rental business under the trade name “C”, and the Plaintiff was in arrears with a total of KRW 518,700,60,000 as follows.

B. The father D owned each of the lands listed in the separate sheet (hereinafter “each of the lands of this case”) on March 18, 2018, and died on March 18, 2018, and the Defendant, its wife, E, B, and F inherited his/her property according to his/her statutory shares in inheritance, and the Defendant, E, B, and F made an agreement on the division of inherited property with the sole ownership of each of the lands of this case between B and the Defendant (hereinafter “instant agreement on the division of inherited property”), and the Defendant completed the registration of ownership transfer on each of the lands of this case.

C. B, except for the portion of inheritance for each land of this case at the time of division of the inherited property of this case, there was no particular property other than the deposit claim equivalent to the total amount of KRW 560,074.

[Ground of recognition] Unsatisfy or entry of Gap evidence 1 to 5 (including branch numbers) and the purport of whole pleadings

2. Judgment on the plaintiff's claim

A. According to the facts found above, B is obligated to pay the Plaintiff tax amounting to KRW 518,700,600,000 in arrears, and the Plaintiff’s above taxation claim against B is already established prior to the agreement on division of the inherited property in this case, and can be the preserved claim for revocation of fraudulent act.

B. We examine whether a fraudulent act is established or not, since the agreement on division of inherited property is a juristic act aimed at property rights by its nature, it can be subject to the exercise of the right to revoke a fraudulent act. In principle, even if a debtor who has already been in excess of his/her obligation waives his/her right to the inherited property in consultation on division of inherited property and thus the joint security against the general creditor has decreased, it shall be subject

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