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(영문) 부산지방법원 2018.08.23 2017가단338863
사해행위취소
Text

1. It was concluded on October 16, 2016 with respect to 2/9 shares of each real estate listed in the separate sheet between the Defendant and B.

Reasons

1. Basic facts

A. The plaintiff's claim against B

(1) The Plaintiff filed a lawsuit against B against the Busan District Court 2007Gapo234683, and this Court rendered a decision on performance recommendation that “B shall pay to the Plaintiff 16,759,443 won and 14,683,846 won with 25% interest per annum from March 31, 2003 to the date of full payment.” The above decision on performance recommendation became final and conclusive on June 9, 2007.

D. In order to extend the extinctive prescription of the foregoing recommendations, the Plaintiff filed an application for payment order against B with the Busan District Court No. 2017 tea7312, Mar. 28, 2017, the Plaintiff issued an order for payment stating that “B shall pay to the Plaintiff 68,090,357 won and 14,683,846 won with 25% interest per annum from March 22, 2017 to the date of complete payment.”

The above payment order was finalized on May 30, 2017.

(b) Agreement on division of inherited property through consultation.

(1) On October 15, 2016, C, his father, died on October 15, 2016, and his own property was jointly inherited by the Defendant (3/9) and his children, B, D, and E (2/9, respectively, of the shares in inheritance).

Do. The heir of C, on October 15, 2016, concluded an agreement on the division of inherited property (hereinafter “instant division agreement”) with the Defendant, and the head of the Busan Dong-gu G loan H (hereinafter “G real estate”), with the content that each real estate listed in the separate sheet, which is the inherited property of C, belongs to D (hereinafter “instant F real estate”).

Article 22(1) of the Civil Act provides that “The Defendant shall complete the registration of ownership transfer on the instant F Real Estate due to inheritance due to the agreement made on October 15, 2016, pursuant to the instant divisional agreement.”

At the time of the instant partition agreement, B was insolvent due to the absence of any other property except the inheritance shares in the F real estate and G real estate in this case.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 7, the purport of the whole pleadings

2. Determination

(a) the establishment of a fraudulent act;

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