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(영문) 서울서부지방법원 2018.06.27 2017가단228352
사해행위취소
Text

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

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

Reasons

1. Basic facts

A. B defaulted on the value-added tax, etc. reverted from 2008 to 2011, and as of August 18, 2017, the amount of delinquent taxes against the Plaintiff was KRW 172,925,710.

B. On November 8, 2016, Category B died and jointly succeeded to C’s property, E, B, Defendant, F, and G, who are wife D, children, and C.

On January 9, 2017, the above inheritors made an agreement on division of inherited property (hereinafter “instant agreement on division of inherited property”) by the Defendant’s sole inheritance of the real estate listed in the separate sheet (hereinafter “instant real estate”), which is the sole property of C. Accordingly, the Defendant completed the registration of ownership transfer on February 10, 2017.

C. At the time of the agreement on division of the instant inherited property, B was in excess of obligations.

The value of the instant real estate around November 8, 2016 is KRW 650,00,000.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1 and 8 (including paper numbers), the result of the appraisal commission to appraiser H by this court, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s cause of claim B, while exceeding the obligation, renounced 2/13 shares of the instant real estate, which are one’s own shares of inheritance, and reverted to the Defendant. This constitutes a fraudulent act against the Plaintiff, who is a general creditor of B.

Therefore, the agreement on the division of the inherited property of this case shall be revoked within the limit of 2/13 shares out of the real property of this case, and the defendant shall implement the procedure for the transfer registration of ownership for 2/13 shares out of the real property of this case to B on the ground of the restoration of

B. The Defendant’s assertion B, around April 2, 2012, had been provided as collateral No. 302, No. 2105, and 179,281,487 won from the Gwanak-gu Seoul Special Metropolitan City, Gwanak-gu, as a special profit in the process of running the scrap metal-related business.

C In addition, as at the time of death, the lessee J of the instant real estate amounting to KRW 260,00,000.

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