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(영문) 부산지방법원 2018.11.01 2018가단310312
사해행위취소
Text

1. The agreement between the defendant and B on the division of the inherited property on April 4, 2003 entered into between the defendant and B.

Reasons

1. The following facts of recognition do not conflict between the Parties:

(1) Samsung Card Co., Ltd. had a credit card payment claim against B, and the credit card payment claim was assigned to Solomon Savings Bank on November 11, 201, to Solomon Savings Bank on December 30, 201, in sequence to the Plaintiff on May 21, 201.

On August 14, 2014, the Plaintiff filed an order with Busan District Court No. 2014Da182403 to pay the above amount to B, and the above court ordered the Plaintiff to pay “B shall pay to the Plaintiff 56,962,060 won and 18,68,349 won with 20% interest per annum from the day following the delivery of the application for the instant payment order to the day of full payment.” The above payment order was finalized as it is.

B. The 1/2 shares of the real estate of this case (hereinafter “D shares of this case”) in Busan Jin-gu, Busan, are owned by D. D on April 4, 2003, and D inherited the property of E, Defendant B, and F, who are children, and the inheritance shares of B are 1/4.

Article 22(1) of the Civil Act provides that the Defendant shall file an application for the registration of ownership transfer with respect to the portion of D, among the instant real estate, on April 13, 2017, on the ground of the agreement and division of the inherited property on April 4, 2003 (hereinafter “instant agreement and division”).

x. B had no particular property other than the inheritance share in respect of the above inherited property on November 13, 2017.

2. According to the above facts of recognition, the act of transferring the inheritance shares of the real estate D, the sole property of this case, in the absence of any other active property, to the defendant through the agreement on the division of inherited property, constitutes a fraudulent act by reducing the common security of general creditors, and the defendant's bad faith, the beneficiary, is presumed.

Therefore, the agreement on the division of inherited property between the defendant and B regarding the 1/4 of the D shares in the instant real estate is a fraudulent act.

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