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(영문) 의정부지방법원 2020.12.22 2019가단130456
사해행위취소
Text

1.(a)

On April 10, 2018, it was concluded on April 10, 2018 with regard to 2/7 shares in the real estate listed in the attached list.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against C with the Seoul Central District Court 2010Gahap6663, and the said court rendered a judgment on February 10, 2011 that “C shall pay to the Plaintiff 42,050,000 won and the interest rate of 20% per annum from November 10, 2010 to the date of full payment.”

B. D died on April 10, 2018, and the heir was the Defendant, E, and C, the spouse, and the inherited property was due to the real estate listed in the separate sheet (hereinafter “instant real estate”).

C. On April 10, 2018, the Defendant, E, and C entered into an agreement on the division of inherited property (hereinafter “instant agreement on division of inherited property”) with the effect that the Defendant would succeed to the instant real property. As to the instant real property, the registration of transfer of ownership in the name of the Defendant was completed on April 27, 2018 as the receipt of No. 47774 on April 27, 2018.

At the time of the agreement on the division of the inherited property of this case, C was in excess of its obligation, and 2/7 shares in the inherited shares in the real property of this case were the sole active property.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 4-1 to 5, Eul evidence 1, the purport of the whole pleadings

2. Requests for the cancellation of registration of transfer of ownership due to the cancellation of fraudulent act;

A. According to the facts found as above, at the time of the agreement on the division of the inherited property of this case between the defendant and C, the plaintiff had a claim equivalent to the amount calculated at the rate of 20% per annum from November 10, 2010 to the date of complete payment, and thus, the plaintiff's claim against C is the preserved claim of this case.

B. The revocation of fraudulent act and the agreement on the division of inherited property presumed to be bad faith by the defendant and the revocation of fraudulent act and the intention to commit suicide are all or part of each inheritor with respect to inherited property provisionally owned by co-inheritors after the commencement of inheritance.

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