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(영문) 대구지방법원 2019.09.25 2019가단105211
사해행위취소
Text

1. The inherited property concluded on January 6, 2016 with respect to 1/4 shares of each real estate listed in the separate sheet between B and the Defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff applied for a payment order against B to the effect that “B shall pay to the Plaintiff 30,30,316 won and 28,789,304 won among them, 18% per annum from October 29, 2001 to May 31, 2005, 15% per annum from the next day to September 13, 2006, and 20% per annum from the next day to the day of full payment.”

The above payment order was finalized on November 29, 2016.

The Plaintiff filed an application for the above payment order in order to extend the prescription period of the claim for indemnity payment according to the judgment finalized by the Daegu District Court 2006dan118750.

B. The father C died and succeeded to C’s property including each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) by the Defendant, B, D, and E, who is a child.

C. On January 6, 2016, C’s successors agreed on the division of inherited property with the content that each of the instant real estate was owned solely by the Defendant (hereinafter “instant division agreement”).

On November 29, 2017, the defendant completed the registration of ownership transfer completed by the Daegu District Court No. 178548.

B was liable to the Plaintiff at the time of the instant partition consultation, while the Plaintiff did not own any property other than the shares of 1/4 of the instant real estate (hereinafter “instant shares”).

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 and 2 (including additional numbers), Eul evidence Nos. 1, fact-finding results on the Ministry of Land, Infrastructure and Transport, response results to the submission order of financial transaction information to F institutions, the purport of the whole pleadings

2. Determination as to the cause of action

A. The conclusion of the instant partition consultation with the purport that B, the cause of the Plaintiff’s claim, transfers the instant shares, which are one of its sole property, to the Defendant, should be revoked as a fraudulent act against the general creditor, and the Defendant is liable to implement the procedure for cancellation registration of the instant shares due to its restitution.

(b) Division consultation of relevant statutory inherited property shall be made.

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