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(영문) 광주지방법원 목포지원 2018.05.16 2017가단54891
사해행위취소
Text

1. As to shares of 1/4 of each of the real estates listed in Schedule 1, 2, 3, 9, 10, and 11 of the Schedule,

A. B between the Defendant and B

Reasons

1. Indication of claim;

A. On January 30, 2015, the Plaintiff received a payment order (Seoul Northern District Court 2014 tea 50906) stating that “B shall pay to the Plaintiff the amount calculated at the rate of 29.9% per annum from December 19, 2014 to the date of complete payment, with respect to KRW 15,173,649, and KRW 6,787,762, as to KRW 15,749, and among them, KRW 6,787,762.” The payment order was finalized on May 12, 2015.

B. Meanwhile, C owned each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) and died on December 8, 2014, and his/her heir was D, the Defendant, B, and E (the heir’s share of inheritance 1/4).

C. On January 13, 2015, the above inheritors, including the Defendant and B, concluded an agreement on the division of inherited property (hereinafter “instant agreement on division of inherited property”) with the effect that the Defendant independently owns each of the instant real estate (hereinafter “instant agreement”).

On the other hand, at the time of the agreement on division of the inherited property of this case, B had no particular property other than its own inherited shares among each of the instant real property, and had been in excess of the debt due to the Plaintiff and the National Bank

E. Therefore, as the joint security of the general creditors including the Plaintiff has been reduced by giving up the right to their share of inheritance among each of the instant real estate, which is the only property when the agreement on the division of the inherited property between the Defendant and the Defendant was reached, the part regarding the share of inheritance B during the agreement on the division of the inherited property of this case constitutes a fraudulent act, and the intention to commit suicide in B is also acknowledged, and the Defendant’s

E. Therefore, the portion relating to B’s share of inherited property in the agreement on the division of inherited property in this case should be revoked as a fraudulent act, and the Defendant, a beneficiary, bears the duty to restore it. As to each share of 1/4 of the real property listed in the separate sheet Nos. 1, 2, 3, 9, 10, and 11, the original return shall be made.

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