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(영문) 대구지방법원안동지원 2020.04.22 2019가단20832
사해행위취소
Text

1. It was concluded on June 16, 2014 with respect to each of the real estates listed in the separate sheet between the Defendant and C.

Reasons

1. The occurrence of the right to revoke the fraudulent act;

A. (1) The establishment of fraudulent act (A) The Plaintiff’s claim against C was ordered to pay the Plaintiff the amount of KRW 121,586,794 and KRW 32,757,300, which were calculated by the rate of 20% per annum from December 5, 2013 to the date of full payment. The said payment order became final and conclusive on December 19, 2013.

(B) The agreement on the division of inherited property and the Defendant’s disposal of each of the instant real estate in this case died on June 16, 2014, and the inheritor has five (1/5, respectively) including C and the Defendant.

The Defendant completed the registration of ownership transfer on August 7, 2014 on each of the real estate listed in the separate sheet owned by the network D (hereinafter “each of the instant real estate”) due to inheritance by consultation and division on June 16, 2014 (hereinafter “instant agreement on the division of inherited property”).

On December 12, 2014, the Defendant sold each of the instant real estate to E and completed the registration of ownership transfer on the same day.

(C) At the time of the instant agreement on the division of inherited property C, the inheritance share of the F.3 square meters on each of the instant real estate and the F.3 square meters at Ansan-si was in excess of the obligation as the entire property.

[Ground] Gap evidence Nos. 1 through 4, Eul evidence Nos. 2, and fact-finding inquiry into the Ansan market, and judgment No. 1/5 of the entire pleadings were given up the right to one-fifth share of each real estate of this case while holding an agreement on the division of the inherited property of this case in excess of the obligation. As a result, it constitutes a fraudulent act against the creditor as a matter of principle, since the joint security against general creditors has decreased.

(See Supreme Court Decision 2007Da29119 Decided July 26, 2007, etc.). B.

(1) The judgment on the defendant's argument is that the agreement on division of the inherited property of this case constitutes the renunciation of inheritance of C, and thus, the revocation of illegal conduct is subject to revocation.

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