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(영문) 수원지방법원 여주지원 2021.02.17 2020가단58231
사해행위취소
Text

1. As to shares 2/17 of each real estate listed in the separate sheet:

A. It was concluded on August 31, 2018 between the Defendant and C.

Reasons

1. Facts of recognition;

A. On February 22, 2019, D Limited Company (hereinafter “Non-Party Company”) transferred the said monetary claim to C with respect to KRW 6,974,156 to C and the said claim amounting to KRW 2,219,260 from May 7, 2015 to the date of complete payment, and notified C of the transfer of the said claim via the Plaintiff at that time.

B. On January 28, 2018, the deceased E (hereinafter referred to as “the deceased”) jointly inherited each real estate listed in the separate list owned by the deceased (hereinafter referred to as “each of the instant real estate”) by the Defendant, C, G, H, I, J, and K, who is the spouse, according to the statutory inheritance (i.e., F: 3/17; (ii) the Defendant, C, G, H, I, J, J, and K: 2/17; each of the instant real estate owned by the Defendant on August 31, 2018; and accordingly, the remaining inheritors except the Defendant, registered the ownership transfer agreement with the Defendant on September 10, 2018 with respect to each of the instant real estate as the sole ownership.

(c)

C was in excess of obligations at the time of the agreement on division of the above inherited property.

[Ground for recognition] Unsatisfy, entry of Gap 1 through 8 (including branch numbers), and the result of inquiry of the facts about the Director of the Court Administration of this Court, the result of the order to submit financial transaction information about L of this Court, the purport of the entire pleadings

2. Determination as to the cause of claim

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 as a new co-ownership relationship with respect to which a provisional co-ownership between the co-inheritors begin and the inheritance begins, and therefore, it is a juristic act aiming at property rights by its nature (see Supreme Court Decision 2000Da51797, Feb. 9, 2001). Meanwhile, the debtor is himself/herself.

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