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(영문) 광주지방법원 2018.06.26 2017가단534363
사해행위취소
Text

1.(a)

Attached Form

With respect to the share of 2/11 of the real estate listed in the list of paragraph (1), it was concluded on June 11, 2014 between the defendant and B.

Reasons

1. Facts of recognition;

A. On November 7, 2012, the Plaintiff of the preserved claim has a claim for indemnity against B, a joint and several surety for the Plaintiff’s liability for indemnity against the said company by subrogated to the Plaintiff’s obligation to the Plaintiff on his/her behalf. The amount is KRW 18,791,692 as of December 21, 2017, and KRW 32,445,520 as of December 21, 2017.

B. On March 30, 2015, B and the Defendant entered into an agreement on the division of inherited property B between the Defendant and the Defendant on the division of inherited property (hereinafter “instant agreement on division of inherited property”) with respect to B/11 shares in the inheritance shares in each item of the real estate listed in the separate sheet, which is the only property of B, in which the Defendant would obtain the inheritance shares (hereinafter “instant agreement on division of inherited property”), and completed the registration of ownership transfer on April 1, 2015.

(F) Since the agreement on division of inherited property takes effect retroactively from the time of commencement of inheritance pursuant to Article 1015 of the Civil Code, the registration of ownership transfer with the agreement on division of inherited property was completed as of June 11, 2014, which was the death day of the deceased D, as of June 2014.

Attached Form

On the other hand, the defendant newly constructed a building on the ground specified in paragraph (1) of the list, and completed registration of ownership preservation in the future of the defendant on January 26, 2016 after completing the registration of ownership transfer on the real estate specified in paragraph (1) of the attached list.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1, 2, 3, 5, and 6 (including branch numbers in case of additional number), the result of this court's order to submit tax information to the head of Gwangju Metropolitan City Mining Office, the whole purport of the pleading

2. Determination on the cause of the claim

A. According to the facts of recognition of fraudulent act revocation, the only property in B was transferred to the defendant following the agreement on the division of inherited property in this case, and the above agreement on the division of inherited property constitutes a fraudulent act against the plaintiff who is a general creditor. Thus, the plaintiff, the creditor of the claim for indemnity established prior to the above agreement, as a lawsuit to revoke the agreement on the division of inherited property in this case

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