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(영문) 대전지방법원서산지원 2016.07.01 2016가단2682
사해행위취소 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. On December 11, 2015, the Plaintiff received each claim against Nonparty B from a company bank and Samsung Card Co., Ltd., and applied for a payment order against Nonparty B for the total amount of KRW 14,346,856 in Suwon District Court Decision 2015Hu11685, and delayed payment for which the Plaintiff received the payment order from the above court on December 15, 2015, and the said payment order became final and conclusive on February 16, 2016.

② Meanwhile, upon the death of December 25, 2015, C, the wife, B, D, E, and F, were co-inheritors. On March 7, 2016, the Defendant completed the registration of ownership transfer in its sole name on the ground of inheritance by agreement and division as of each of the instant real estate owned by the deceased C on December 25, 2015.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 2 and 3, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the joint security against the plaintiff, who is a general creditor, has been reduced by giving up his right to 2/11 share, which is his share of inherited property, in consultation on the division of inherited property with the co-inheritors, including the defendant, which had already been in excess of the debt, with the co-inheritors including the defendant, and thus, the agreement on the division of inherited property constitutes a fraudulent act against

In this regard, the defendant filed a report on the renunciation of inheritance, and claimed that B did not participate in the division consultation of the above inherited property.

B. (i) The waiver of inheritance is retroactively effective at the time of commencement of inheritance (Article 1042 of the Civil Act), and the waiver is deemed to have never been the heir.

Therefore, the agreement on the division of inherited property between the remaining co-inheritors except those who have not yet filed a report on the renunciation of inheritance or have not yet been accepted by the court shall have the effect of the renunciation of inheritance legally after the agreement on the division of inherited property is accepted.

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