(영문) 대전지방법원천안지원 2015.07.15 2015가단2283

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(영문) 대전지방법원천안지원 2015.07.15 2015가단2283

사해행위취소

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1. As to the shares of 2/11 of each of the real estate listed in the separate sheet between the Defendant and B, it was concluded on December 2, 2012.

Reasons

1. Facts of recognition;

A. At the time of December 2, 2012, the E-In Savings Bank owned KRW 1,540,000 as to B and the damages for delay from June 22, 2012.

(hereinafter “instant claim”). (b)

C On December 2, 2012, the heir died with his spouse D, lineal descendants B, E, F, and the Defendant. On December 2, 2012, the heir, including the Defendant and B, entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the content that each of the real estate listed in the separate sheet owned by C was owned by the Defendant solely.

Accordingly, the defendant completed the registration of ownership transfer in his/her future by the head of the Daejeon District Court on February 6, 2013, No. 7439, which was received on February 6, 2013, and the head of the Daejeon District Court on February 5, 2013, which was received on February 16, 2013, and No. 1614, which was received on February 5, 2013.

C. On June 19, 2014, the Ep Savings Bank Co., Ltd. transferred the instant bonds to the Plaintiff (the outstanding principal amount at the time of the transfer shall be KRW 1,489,377) and notified the transfer to B around that time.

At the time of the division consultation of the inherited property of this case, B did not have any property.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 7 (including branch numbers, if any) and the purport of whole pleadings

2. According to the facts found in the judgment on the cause of the claim, the plaintiff may exercise the right of revocation to preserve the claim in this case against B, and the plaintiff's act of distributing 2/11 of his/her own shares in the real estate listed in the separate sheet in excess of his/her obligation to the defendant constitutes a fraudulent act detrimental to the general creditors, including the plaintiff, unless there are special circumstances, and the intention of harm to the general creditors, and the defendant's bad faith, the beneficiary, is presumed also presumed.

3. Judgment on the defendant's assertion

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