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(영문) 인천지방법원부천지원 2020.12.09 2020가단116922
사해행위취소
Text

The defendant and B signed on November 1, 2017 with respect to the share of 2/9 of the real estate stated in the attached list.

Reasons

If the purport of the entire argument is added to the statement in Gap evidence Nos. 1 through 4, the plaintiff has a claim against Eul, Eul's father died on November 1, 2017, and Eul's inheritor died on the defendant, children who are the spouse, Eul, Eul, and the defendant, B, D, and E agree on a division of inherited property (hereinafter "the contract in this case") with the defendant as to the real estate listed in the separate sheet, which is inherited property (hereinafter "real estate in this case"), and the fact that Eul completed the registration of ownership transfer under the defendant's name on February 8, 2018, and the fact that it is insolvent at the time of the contract in this case is not disputed between the parties.

As the agreement on division of inherited property is concluded with respect to inherited property which has been temporarily owned by co-inheritors upon commencement of inheritance, and thus becomes final and conclusive by having all or part of the inherited property owned by each inheritor as a sole ownership or as a new co-ownership relationship, it can be subject to the exercise of the right to revoke a fraudulent act. Meanwhile, barring any special circumstance, barring any special circumstance, the debtor's act of selling real property which is one of his own own property and replacing it with money which is easy to consume or transferring it to another person without compensation, it constitutes a fraudulent act against the creditor. Thus, even in cases where, in principle, a debtor in excess of his/her obligation has reduced joint security against the general creditor by waiver of his

I would like to say.

(see, e.g., Supreme Court Decision 2007Da29119, Jul. 26, 2007). In light of the above legal principles, the instant contract between the Defendant and B is deemed to constitute a fraudulent act, and the intention of the Defendant and B to commit a fraudulent act is sufficiently recognized.

Therefore, with respect to the share of 2/9 of the instant real estate, the instant contract is concluded.

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