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(영문) 광주지방법원순천지원 2020.11.04 2020가단76781
사해행위취소
Text

1. As to shares of 2/13 of the real estate listed in the separate sheet:

A. The Defendant and Nonparty C concluded on June 16, 2015.

Reasons

1. Basic facts

A. The Plaintiff has a claim against C with respect to “2,00,000 won and the interest or delay damages at the rate of 6% per annum from May 30, 2006 to July 29, 2006, and 18% per annum from July 30, 2006 to the date of full payment (the Jeonju District Court 201Da59649).”

B. The network D, referred to as C and the Defendant, died on June 16, 2015, and the heir has five children, including E and C, and the Defendant, who are their spouse.

The deceased’s inherited property was the real estate indicated in the separate sheet (hereinafter “instant real estate”). However, on June 16, 2015, the inheritors agreed on the division of inherited property by the Defendant solely inherited the said real estate, and upon consultation on the division of inherited property, the Defendant completed the registration of ownership transfer on August 28, 2015 on the said real estate.

C. C was in excess of obligations at the time of the above agreement on division of inherited property.

[Reasons for Recognition] Unsatisfy, each entry of Gap 1-7 evidence (including virtual number), and the purport of the whole pleadings

2. Determination:

A. In a case where a debtor in an excess of his/her obligation gives up his/her right to his/her inherited property while holding a divided agreement on the division of inherited property, thereby the joint security against general creditors has decreased, in principle, constitutes a fraudulent

(See Supreme Court Decision 2007Da29119 Decided July 26, 2007). In light of the above legal principles, C made an agreement on the division of inherited property with the intent to waive the inheritance share, which is one of its sole real estate in excess of debt. Unless there are special circumstances, C’s agreement on the division of inherited property constitutes a fraudulent act that reduces the joint security of general creditors, including the Plaintiff.

In addition, as a debtor C, it is judged that the debtor, by the agreement on division of the above inherited property, he recognized the circumstance that there is a shortage of joint security of his creditors, and the defendant's bad faith as a beneficiary is presumed.

(b).

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