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(영문) 부산지방법원서부지원 2019.10.11 2019가단101722
사해행위취소
Text

1. The inherited property concluded on May 28, 2018 with respect to 2/7 shares in the real estate listed in the separate sheet between the defendant and E.

Reasons

1. Facts of recognition;

A. E was granted a loan of 3 million won from F Co., Ltd. on October 12, 2006 by setting a lending period of 6 months, but did not repay it.

On December 30, 2011, F Co., Ltd. transferred its credit to G Co., Ltd. and notified E of the transfer of credit.

On October 16, 2015, G Co., Ltd. transferred the claim for loans to E to the Plaintiff, and notified the transfer of the claim to E.

In February 13, 2019, E’s loan obligations are KRW 8,267,744.

B. H, his father, died on May 28, 2018, and his heir, who is a spouse, is the defendant, his child, E and I.

The Defendant, E, and I, an inheritor, concluded an agreement on the division of inherited property (hereinafter referred to as “instant agreement”) with respect to the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) that is inherited by the Defendant.

On August 3, 2018, the Defendant completed the registration of ownership transfer on the instant real estate due to inheritance due to a consultation division No. 35580, which was received on August 3, 2018 from the Northern Branch of Busan District Court, Seosan Branch of the Busan District Court.

(B) The following facts are without dispute: (a) Evidence No. 1-2; (b) Evidence No. 1-2; (c) Evidence No. 2-2; (d) Evidence No. 5-1, and (e) Evidence No. 5-2; and (e) the purport of the whole pleadings.

2. Determination:

A. According to the above facts, E can be seen as having reduced joint security for general creditors by disposing of 2/7 shares equivalent to the inheritance shares among the real estate in this case as inherited property without any specific property under the agreement of this case. Thus, the agreement of this case constitutes a fraudulent act, and E, a debtor, had the intention to harm, and the defendant's bad faith is presumed to be the beneficiary.

B. As to this, the defendant acquired the real estate in the name of the deceased, but the defendant also contributed to the acquisition and maintenance of the real estate of this case.

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