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(영문) 광주지방법원 순천지원 2018.03.27 2017가단77647
사해행위취소
Text

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

A. B and the Defendant signed on February 28, 2013.

Reasons

1. Facts of recognition;

A. On July 15, 2008, the plaintiff filed a claim for indemnity against B, non-party C, and D, etc., and rendered a final judgment on July 15, 2008 that "the plaintiff jointly and severally paid to the plaintiff 31,865,894 won and interest calculated at the rate of 19% per annum from March 30, 2007 to July 15, 2008, and 20% per annum from the next day to the day of full payment (Seoul District Court 2007Da35058)" (the above judgment became final and conclusive around that time.

B. The real estate indicated in the separate sheet (hereinafter “instant real estate”) was owned by E (hereinafter “the deceased”). The Deceased died on February 28, 2013, and the Deceased, who is a child, succeeded to B, F, G, H, I, J, and Defendant respectively.

On February 28, 2013, the inheritors entered into an agreement on the division of inherited property (hereinafter “instant division agreement”) with the Defendant to solely inherit the instant real property, and accordingly, the registration of ownership transfer was completed on August 16, 2013 in the name of the Defendant with respect to the instant real property.

C. B was in excess of the obligation at the time of the instant partition consultation, and there was no particular property other than the 1/7 share out of the instant real estate to be inherited from the deceased.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 through 9, fact inquiry of this court's net market, purport of whole pleadings

2. Determination

A. According to the facts acknowledged prior to the agreement on division of this case, the Plaintiff had a claim against B prior to the agreement on division of this case, and this constitutes the obligee’s right of revocation.

B. The agreement on division of inherited property 1 by fraudulent act is to confirm the reversion of inherited property by either having all or part of the inherited property owned by each inheritor as a sole ownership or performing as a new co-ownership relationship with respect to the inherited property provisionally owned by co-inheritors upon commencement of inheritance, and therefore, it can be subject to the exercise of the right to revoke fraudulent act.

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