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(영문) 창원지방법원 2018.12.05 2017가단116466
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of the lawsuit include the part resulting from the supplementary participation.

Reasons

1. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) The Plaintiff and the Defendant’s Intervenor B (hereinafter “instant obligor”) are only the obligor for convenience.

(2) On April 7, 2015, the Defendant and the Defendants, who were children of the instant real estate owned by the Deceased, succeeded to the statutory inheritance shares (debtor: 3/9, and Defendants: 2/9) with respect to the instant real estate on the same day, upon the death of the wife C (hereinafter “the deceased”) under the payment order (No. 4820). However, on the same day, the Defendant renounced their legal inheritance shares and agreed to divide the inherited property with the content that only the Defendants are inherited. Accordingly, the Defendants completed the registration of the transfer of ownership as follows.

D) As above, the waiver of the right to share of inherited property by the debtor in the agreement on the division of inherited property constitutes a fraudulent act against the plaintiff, a creditor. 4) Therefore, the above agreement on the division of inherited property should be revoked as a fraudulent act. Accordingly, the defendants, as such, should be restored to their original state, must perform the compensation for the equivalent amount as stated in the purport of the claim against the plaintiff.

B. The Defendants and the debtor’s assertion 1) originally received legacy from the deceased on March 3, 2014. This is related to the Defendant A, at the time, who was in charge of care mainly prior to the deceased’s death. Therefore, if Defendant A intended to complete the registration of ownership transfer of the instant real estate after the deceased’s death, it could be solely completed the registration of ownership transfer. However, Defendant D and E, a sibling, did not receive inheritance, were equally 1/3 share ownership transfer between the Defendants and the aforementioned Defendants.

3. Therefore, the instant real estate is not only a property that can not be incorporated into the debtor’s responsible property at the beginning, but also a fraudulent act is established.

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