(영문) 의정부지방법원 2014.07.25 2014가단105004

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(영문) 의정부지방법원 2014.07.25 2014가단105004

사해행위취소

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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. On May 6, 2011, the Plaintiff filed an application with the Seoul Western District Court for the payment order against B as Seoul Western District Court 201 tea7921. On May 6, 201, the said court ordered B to pay the Plaintiff KRW 29,622,538 and its delay damages jointly and severally with the Loter et al., and the said payment order was finalized as is.

B. The father C (hereinafter “the deceased”) died on February 18, 2013, and on March 21, 2013, the Defendant, D, and B, the inheritor of the deceased, entered the division agreement to which the Defendant would inherit the real estate listed in the attached list owned by the deceased (hereinafter “instant real estate”) (hereinafter “instant division agreement”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 3, each entry of Eul evidence 1, and the purport of whole pleadings.

2. The assertion and judgment

A. The division agreement of this case concluded between B and the Defendant on the waiver of the inheritance shares (2/7) in respect of the real estate of this case, which is the only property of which the Defendant had been in excess of the debt, constitutes a fraudulent act detrimental to the Plaintiff, which is the obligee. The above division agreement shall be revoked as to B’s inheritance shares 2/7. The Defendant is obligated to implement the procedure for registration cancellation of ownership transfer registration, as described in the purport of the claim, as to B’s inheritance shares 2/7 among the real estate of this case.

B. (1) The co-inheritors’s share of inheritance is determined by the deceased’s will, unless there is infringement of his legal reserve of inheritance, if the deceased has been designated by his will, and if there is no such will, it is the statutory share of inheritance. A person who received a donation or testamentary gift of the property from the deceased from the deceased has a share of inheritance only to the extent that the given property falls short of his/her share of inheritance (Article 1008 of the Civil Act), and a co-inheritors who specially contributed to the maintenance or increase of the property of the inheritee or specially supported by

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