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(영문) 제주지방법원 2019.08.14 2017나12783
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The court's explanation concerning this case is the same as the part concerning the judgment of the court of first instance, except for the part concerning which the appeal is dismissed or added in paragraph (2). Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.

2.The third 4 pages of the part to be removed or added are as follows:

D. The Defendant paid KRW 50 million, out of the above purchase price received from F on July 20, 2015. (e) C was in excess of obligations at the time of the instant agreement on the division of the inherited property. C was in excess of obligations at the time of the instant agreement on the division of the inherited property, and C added “No. 4” to “A No. 1, 2, and 4 (including paper numbers)” for the third five pages.

The 3rd 9 to 12 pages shall be as follows:

“1) As a result, an agreement on division of inherited property becomes final and conclusive by having all or part of the inherited property provisionally owned by co-inheritors upon the commencement of inheritance as separate ownership by each inheritor or as a new co-ownership relationship, and thus, property rights can be the subject of the exercise of the right to revoke fraudulent act (see, e.g., Supreme Court Decision 2000Da51797, Feb. 9, 2001). Meanwhile, barring any special circumstance, barring any special circumstance, an obligor’s act of selling real property, which is one of its sole property, to change it into money easily for consumption or to transfer it to another person without compensation, becomes a fraudulent act against the obligee (see, e.g., Supreme Court Decisions 200Da41875, Apr. 24, 2001; 2002Da17937, Jun. 11, 2002).

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