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(영문) 대구지방법원포항지원 2020.06.04 2019가단5930
사해행위취소
Text

1.(a)

With respect to the shares of 1/4 of each of the real estate listed in attached Table 12 between E and Defendant C, September 13, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim E of the judgment amounting to KRW 5,600,770 and KRW 3,124,952 among the Plaintiff’s claim amounting to KRW 5,60,770 and KRW 3,124,952, the decision of performance recommendation was finalized on February 20, 2018.

(F) Daegu District Court Port Branch 2017 Ghana19540 dated November 27, 2017). (B)

1) F entered into a contract for the division of inherited property and E’s property status 1) on September 13, 2017, and died on September 13, 2017, and the heir is the Defendants EG, a child. 2) The Defendants EG entered into a contract for the division of inherited property on September 13, 2017 and determined that Defendant C owns each of the real property listed in attached Table 12, and Defendant D owns each of the real property listed in attached Table 3, and each of the transfer registrations was completed on March 22, 2018.

3) At the time of the agreement on division of inherited property, 1/4 shares of each real estate listed in the separate sheet was the only property E. (c) On September 13, 2017, the value based on the officially announced value of the inherited property as of September 13, 2017, as of September 12, 2017, is KRW 13,930,310 of each real estate listed in the separate sheet, and KRW 26,860,40 of each real estate listed in paragraph (3)

2) On March 6, 2018, the registration of cancellation was completed on March 6, 2018 with respect to the registration of establishment of a neighboring mortgage (the secured debt amounting to KRW 17 million) in the name of H association established prior to the conclusion of a contract for division of inherited property as to each real estate listed in the separate sheet. [Grounds] The fact that there was no dispute, A’s evidence No. 12 (including the provisional number

No. 12 of Eul, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s claim for judgment against E of the preserved claim is created prior to the conclusion of a contract for division of inherited property as stated in the order, and thus the obligee’s right of revocation becomes the preserved claim.

B. In principle, if one debtor renounces his/her share of inheritance through a division consultation on inherited property in excess of his/her obligation and the joint security for the general creditor has decreased, it constitutes a fraudulent act against the creditor, and the debtor is the only one.

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