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(영문) 대전지방법원홍성지원 2017.05.23 2016가단9711
사해행위취소
Text

1. As to shares in 2/7 of the real estate listed in the separate sheet:

A. It was concluded on October 25, 2014 between the Defendant and B.

Reasons

1. Basic facts

A. On October 25, 2013, the Plaintiff filed a payment order against B with the Seoul Central District Court 2013 tea210247, and issued a payment order to the Plaintiff on October 25, 2013, stating that “Defendant B (B) shall pay to the Plaintiff 37,370,99 won and the amount at the rate of 29.5% per annum from the day after the copy of the instant payment order was served to the day of complete payment.” The above payment order was finalized on January 30, 2014.

(hereinafter “instant payment order”). B.

The Plaintiff’s father C (hereinafter “the deceased”) died on October 25, 2014, and the deceased’s heir was the Defendant and the son, who was the wife.

C. On October 25, 2014, the Defendant and the aforementioned B and D agreed on the division of inherited property (hereinafter “instant division agreement”) with respect to the real estate listed in the separate sheet (hereinafter “instant housing”) to be solely inherited by the Defendant. Accordingly, the Daejeon District Court’s head registry office on November 13, 2014, received the ownership transfer registration under the Defendant’s name (hereinafter “instant transfer registration”).

On the other hand, at the time of the division consultation, B was in excess of the obligation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination

A. As seen earlier, the Plaintiff’s claim based on the instant payment order against B becomes a preserved claim against the obligee’s obligee’s right of revocation.

B. The agreement on the division of inherited property by fraudulent act and intention of piracy is a legal act that establishes the ownership of inherited property by either as a sole ownership of each inheritor or as a new co-inheritors with respect to the inherited property provisionally owned by co-inheritors upon commencement of inheritance, and thus establishes the ownership of the inherited property. Therefore, it can be subject to the exercise of the right of revocation of fraudulent act. Meanwhile, the debtor is himself/herself.

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