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(영문) 부산지방법원 2020.05.07 2019가단322152
사해행위취소
Text

1. As to the portion of 1/4 of the real estate listed in the separate sheet:

A. It was concluded on March 15, 2019 between the Defendant and C.

Reasons

1. Basic facts

A. On July 31, 2002, the Plaintiff loaned KRW 10,000,00 to C as the due date of August 1, 2007 and the interest rate of KRW 10.8% per annum. As of June 19, 2019, the above principal and interest of KRW 30,704,360 (= Principal amount of KRW 8,622,245 and interest delay delay damages and KRW 22,082,115) are the interest rate of KRW 18% per annum.

B. The real estate indicated in the separate sheet (hereinafter “instant real estate”) was owned by the deceased D (hereinafter “the deceased”). As the deceased died on December 28, 2018, the Defendant, C, E, and F, who is the deceased’s children, jointly inherited the real estate.

C. Around March 15, 2019, around March 15, 2019, C entered into an agreement on the division of inherited property (hereinafter “instant agreement on division”) with the Defendant to vest 1/4 of the instant real property, which is the sole property and inherited property, in the status of debt excess (hereinafter “instant agreement”). On March 15, 2019, the Defendant completed the registration of ownership transfer on the instant real property due to inheritance by consultation and division.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including those with several numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition of the preserved claim, the plaintiff had a claim for a loan of KRW 10,000,000 against C at the time of the division agreement of this case, which can be the preserved claim for revocation of fraudulent act.

B. The agreement on the division of inherited property by fraudulent act and intention of piracy is to confirm the reversion of inherited property by either having all or part of the inherited property, which is provisionally owned by each inheritor, or having been performed as a new co-inheritors, with respect to the inherited property, and thus having become final and conclusive for the purpose of property rights by its nature, and thus, can be subject to the exercise of the right to revoke the fraudulent act. Meanwhile, it is easy for the debtor to sell and consume real property, which

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