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(영문) 대전지방법원 2018.11.06 2018가단6911
사해행위취소
Text

1. On December 8, 2017, 1/3 shares in the real estate listed in the separate sheet between the Defendant and B were concluded.

Reasons

1. Facts of recognition;

A. B entered into a loan agreement with Samsung Card on June 27, 2000 and entered into a transaction with Samsung Card, and began to delay 1.5 million won of the loan principal from April 30, 2001.

B. On October 24, 2003, the Plaintiff acquired the above principal and interest interest claim through LG investment securities company. On January 8, 2010, Daejeon District Court Decision 2009 tea15495, "B" received an order to pay the Plaintiff 1.5 million won per annum from October 25, 2003 to the delivery date of the original copy of the payment order, 17% per annum from the next day to the delivery date of the original payment order, and 20% per annum from the next day to the full payment date. The above payment order was finalized on January 28, 2010.

C. Meanwhile, upon the death of December 8, 2017, C shared inheritance of one-third shares among the real estate listed in the separate sheet (hereinafter “instant real estate”). On December 8, 2017, the agreement on the division of inherited property between the co-inheritors and the above co-inheritors on the division of inherited property between the Defendant and B (hereinafter “instant agreement on the division of inherited property”) was concluded, and on January 11, 2018, the registration for the transfer of ownership in the name of the Defendant was completed.

At the time of the agreement on division of the inherited property of this case, B was in excess of debt.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the agreement on division of the inherited property of this case where B, who was in excess of the Plaintiff’s debtor, reverts to the Defendant the share of 1/3 of his inheritance among the real property of this case, shall be revoked by fraudulent act.

B. The defendant asserts that the defendant's defense does not constitute a fraudulent act on the grounds that there is no specific share of inheritance B, considering the existence of special benefits and the defendant's entitlement to the contributory portion.

However, such as special benefits and contributory portion.

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