logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.09.17 2018가단524951
사해행위취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On May 30, 2013, the Plaintiff loaned KRW 200 million to D Co., Ltd. (hereinafter “Nonindicted Company”) with the representative director, and C provided joint and several guarantee for the above loan obligations owed by Nonparty Company to the Plaintiff within the limit of KRW 240 million.

B. On March 17, 2016, E (hereinafter “the deceased”) died with C, F, G, and the Defendant, who were their children, as his heir.

C. On April 12, 2016, the above inheritors made an agreement on the division of inherited property (hereinafter “instant division agreement”) with respect to each of the real estate listed in the separate sheet among the inherited property left by the deceased (hereinafter “each of the instant real estate”). According to the instant division agreement, the Defendant completed the registration of transfer of ownership by inheritance by agreement and division on March 17, 2016, with the Daejeon District Court’s registration of establishment support and the receipt on April 15, 2016, as the receipt on April 3323, 2016.

At the time of the division consultation of this case, C was in excess of the debt amount exceeding the active property, including the joint and several debt amount for KRW 200 million of the above loan.

【Ground of recognition】 The absence of dispute, Gap evidence Nos. 1, 4, 6, 7, 9, 10 (including spot numbers, if any; hereinafter the same shall apply), Eul evidence Nos. 1, Eul evidence Nos. 1, the result of the order to submit financial transaction information to the Credit Guarantee Fund and the result of the inquiry and reply of the fact-finding to H, the whole purport of the pleadings

2. The parties' assertion

A. The Plaintiff C renounced the right to one’s share of inheritance (1/4) while holding the instant partition agreement, even though it was in excess of the debt, and thus, the instant partition agreement constitutes a fraudulent act.

Therefore, the instant partition agreement regarding C’s shares among each of the instant real estates has been revoked, and the Defendant has completed to C with respect to one-fourths of each of the instant real estates as a result of performing the duty to restore.

arrow