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(영문) 수원지방법원여주지원 2020.05.20 2019가단58075
사해행위취소
Text

1. As to shares 2/11 of the real estate listed in the annex:

A. Inherited property concluded on November 26, 2018 between the Defendant and C.

Reasons

1. Facts of recognition;

A. On December 30, 2014, the Plaintiff: (a) on December 30, 2014, lent KRW 23 million as interest free of interest to C, at the maturity of payment on July 21, 2015, and at the rate of 24% per annum.

B. On November 26, 2018, the deceased D (hereinafter “the deceased”) died and jointly succeeded to the real estate listed in the separate sheet owned by the deceased (hereinafter “instant real estate”) by the Defendant and his/her children, C, E, F, and G, who are his/her wife, according to the statutory inheritance portion (i.e., the Defendant: 3/11, 2/3, C, E, F, and G: 2/11); on November 26, 2018, the above inheritors entered into an agreement on the division of inherited property with the content that the instant real estate was owned solely by the Defendant, and accordingly, the remaining inheritors except the Defendant, completed the registration of ownership transfer on December 28, 2018 with respect to each of the instant real estate (2/11) with respect to each of their respective shares (2/11).

C. C was in excess of obligations at the time of the agreement on division of the above inherited property.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 12, fact inquiry results on the Gangnam market of this court, each order of submission of financial transaction information to H, I, J and K Co., Ltd., and the purport of the whole pleadings

2. Determination as to the cause of action

A. The agreement on the division of inherited property is to confirm the reversion of inherited property by entirely or partially owning the inherited property, which is a provisional co-inheritors, upon the commencement of inheritance, or by performing it as a new co-inheritors, with respect to the inherited property, and therefore becomes subject to the exercise of the right to revoke the fraudulent act, since it is a juristic act aimed at property rights by its nature (see Supreme Court Decision 2000Da51797, Feb. 9, 2001). Meanwhile, the debtor's act of changing the property, which is the only property of his own, into money for which it is easy to consume or transferring it to another person without compensation, becomes a fraudulent act against the creditor, barring any special circumstance.

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