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(영문) 광주지방법원 순천지원 2018.09.18 2018가단2190
사해행위취소 등
Text

1. As to shares 2/15 of each real estate listed in the separate sheet:

A. It was concluded on October 12, 2016 between the Defendant and C.

Reasons

1. Basic facts

A. On November 16, 2010, the Plaintiff lent KRW 10,000,000 to C, and KRW 20,000,000 on November 22, 2010.

The Plaintiff filed a lawsuit against Gwangju District Court 2017 Ghana2920 on the above loan, and the judgment was rendered on February 1, 2018 that “C shall pay to the Plaintiff 30,000,000 won and interest calculated at the rate of 15% per annum from December 17, 2017 to the date of full payment.”

B. Each real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by D (hereinafter “the deceased”). The deceased died on October 12, 2016, and the deceased’s heir was the F, G, H, C, I, and the Defendant, who is the wife, E, children, F, H, I, I, and the Defendant.

On October 12, 2016, the inheritors agreed on the division of inherited property (hereinafter “instant division agreement”) with the Defendant to solely inherit the instant real property, and accordingly, on February 24, 2017, the registration of ownership transfer was completed in the name of the Defendant with respect to the instant real property.

C. C was in excess of obligations at the time of the instant partition consultation.

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

2. Revocation of fraudulent act and reinstatement;

A. According to the facts acknowledged prior to the agreement on division of this case, the Plaintiff was holding a claim against C prior to the agreement on division of this case, which constitutes the obligee’s right of revocation.

B. The agreement on the revocation of fraudulent act and the division of inherited property 1 to restitution is to confirm the reversion of inherited property by either having all or part of the inherited property owned by each inheritor separately or by performing as a new co-ownership relationship with respect to the inherited property provisionally owned by co-inheritors after the commencement of inheritance, and therefore, it can be subject to the right of revocation of fraudulent act. Meanwhile, the debtor may sell only his/her own property and change it into money easily for consumption.

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