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(영문) 광주지방법원순천지원 2019.10.17 2019가단74246
사해행위취소
Text

1. As to shares of 2/11 of each of the real estate listed in the separate sheet:

A. It was concluded on December 5, 2017 between D and the Defendant.

Reasons

1. Basic facts

A. On September 17, 2015, the Plaintiff acquired the claim for D’s loan from E on September 19, 201, and on June 3, 2016, rendered a judgment that “D shall pay to the Plaintiff the amount calculated at the rate of 39% per annum for KRW 6,436,987 and KRW 3,723,222 from December 16, 2015 to the date of full payment.”

The above judgment became final and conclusive on June 24, 2016.

B. On December 5, 2017, D’s father F (hereinafter “the deceased”) died on December 5, 2017. The deceased’s wife, D, G, C, and H, the deceased’s children, and among them, D’s inheritance shares were 2/11.

C. On December 5, 2017, the successors of the deceased, including the Defendant and D, made an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with respect to each real estate listed in the separate list owned by the deceased (hereinafter “each real estate of this case”) on the following grounds: (a) the Defendant’s sole inheritance of the real estate; and (b) the ownership transfer registration was completed on December 27, 2017.

At the time of the agreement on the division of the inherited property of this case, D had no particular property except for the inheritance shares on each of the instant real property, and was in excess of obligations.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 9 (including each number), Gwangju District Court's net support registration, the Court Administration, the Court Administration's fact inquiry about I, or the order to submit financial transaction information, the purport of the whole pleadings

2. Determination

A. According to the fact that the existence of the secured claim is acknowledged, the Plaintiff had a claim for the amount of money transferred to D at the time of the agreement on the division of the inherited property of this case, and thus, the above claim is a secured claim seeking the revocation of fraudulent act as to the agreement on the division of the inherited property

B. The agreement on division of the inherited property established by a fraudulent act is about the inherited property that had been provisionally owned by co-inheritors after the commencement of inheritance.

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