(영문) 광주지방법원 2020.01.08 2019가단513520

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(영문) 광주지방법원 2020.01.08 2019가단513520

사해행위취소

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1. As to shares 2/15 of the real estate listed in the separate sheet:

A. It was concluded on June 30, 2018 between Defendant B and D.

Reasons

1. Facts of recognition;

A. The Plaintiff, with respect to D, has a claim based on the payment order for reimbursement for the Seoul Central District Court 2016 tea254532, and as of April 24, 2019, the amount of the Plaintiff’s claim against D is KRW 36,953,340.

B. Defendant B is the mother of Defendant D, and Defendant C is the child of Defendant D.

C. The Plaintiff died on June 30, 2018. Defendant B completed the registration of transfer of ownership on the real estate listed in the separate sheet (hereinafter “instant real estate”) which is the deceased’s inherited property, due to the registration of Ma-dong Branch Branch of the Gwangju District Court, No. 32961, Sept. 14, 2018, which was received as of Sept. 14, 2018, due to inheritance by agreement division as of June 30, 2018, and Defendant C completed the registration of transfer of ownership on the ground of donation as of No. 32962, Sept. 14, 2018.

In 2018, D was in excess of debt without any particular active property.

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence (including additional numbers), fact-finding results on the wooden market, the purport of the whole pleadings

2. Revocation of agreement on division of inherited property and determination on the claim for restitution

A. The agreement on the division of inherited property is to confirm the reversion of inherited property by either having all or part of the inherited property, which has been provisionally owned by each inheritor, or having been performed as a new co-inheritors, upon the commencement of inheritance, as to the inherited property, and therefore having become subject to the exercise of the right to revoke a fraudulent act. Meanwhile, barring any special circumstance, the debtor's act of replacing the inherited property, which is only the property of his/her own, with money that is easily consumed or transferring it to another person without compensation, becomes a fraudulent act against the creditor, barring any special circumstance. Thus, in principle, even if the debtor in excess of his/her obligation has reduced joint security against the general creditor by abandoning his/her right to

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