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(영문) 대구지방법원 2018.07.18 2017가단26581
사해행위취소등
Text

1. On December 30, 2016, between the Defendant and B, 2/11 shares of the real estate indicated in the separate sheet is concluded.

Reasons

1. Facts of recognition;

A. As of October 24, 2003, ELD Investment Securities Co., Ltd. owned claims against B as indicated in the following table (hereinafter “mortgage transfer financial institution”) and transferred the said claims to the Plaintiff pursuant to the Asset-Backed Securitization Act on the date when it was transferred to ELD Investment Securities Co., Ltd., and at that time notified the transfer of claims to B.

B

B. The Defendant is the spouse of the deceased C (Death on December 30, 2016) and four children (B, D, E, and F) under the married couple’s chain.

C. On December 30, 2016, the Defendant, B, D, E, and F agreed on the division of inherited property with the content that the instant real estate was to be owned solely by the Defendant as the deceased’s inherited property, and accordingly, the Daegu District Court’s registration office on March 9, 2017, received the ownership transfer registration under the Defendant’s name (hereinafter “instant ownership transfer registration”) (hereinafter “instant real estate”).

At the time of the agreement on the division of inherited property B, there was no particular active property in addition to the inheritance shares on the instant real estate, and it was in excess of the obligation.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 9, fact-finding inquiry and reply of the Youngcheon Market, and the purport of the whole pleadings

2. The agreement on division of the inherited property to determine the cause of the claim is that the ownership of the inherited property, with respect to the inherited property which was provisionally owned by co-inheritors after the commencement of inheritance, shall be confirmed by either having all or part of such inherited property individually owned by each inheritor or having performed as a new co-ownership relationship, and therefore, it is a juristic act the object of which is property right by its nature.

(See Supreme Court Decision 2000Da51797, Feb. 9, 2001). Meanwhile, a debtor in excess of his/her obligation has a right to his/her share of inheritance while holding a divided agreement on the inherited property.

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