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(영문) 서울중앙지방법원 2020.01.22 2018가단5103375
사해행위취소
Text

1. The plaintiff's successor's claim is dismissed.

2. The costs of lawsuit shall be borne by the intervenor succeeding to the plaintiff.

Reasons

1. Basic facts

A. 1) Plaintiff (Withdrawal) A Co., Ltd. (hereinafter “A”)

(E) Upon filing a lawsuit against E to the effect that “E shall pay the amount calculated by the rate of 15% per annum from March 1, 2017 to the date of full payment of KRW 35,717,559 and from March 1, 2017 to KRW 10,340,039” (Seoul Western District Court Decision 2016DaDa614691 decided April 18, 2017). The above judgment became final and conclusive on May 9, 2017, and the Plaintiff’s successor acquired the above judgment’s claim against E on February 27, 2019, and A notified E of the fact of assignment.

B. 1) F, the father of E, died on September 16, 2017. 2) The Defendant is F’s spouse, 4 children between F and the Defendant, and E’s statutory inheritance shares are 2/11.

3) Real estate listed in the separate sheet (hereinafter “instant real estate”)

) The F is a house owned by F after completing the registration of transfer of ownership on February 22, 1990. The Defendant completed the registration of transfer of ownership based on inheritance by consultation and division on March 12, 2018 on the instant real estate on September 16, 2017. [The fact that there is no dispute over recognition, entries in Gap Nos. 1, 2, and 3, and the purport of the entire pleadings.]

2. Since the agreement on the division of inherited property on September 16, 2017 between E and the defendant, who is the plaintiff's obligor, is a fraudulent act, the above agreement should be revoked, and 2/11 shares equivalent to E's statutory shares in the transfer registration of ownership should be cancelled due to the restoration to the original state.

3. Determination

A. The share of inheritance by co-inheritors of relevant legal principles shall be the share of inheritance, unless it infringes on the legal reserve of inheritance, if the deceased has been designated by the will, and if there is no such will, it shall be the share of inheritance. However, the person who received the gift or testamentary gift of the property from the inheritee has the share of inheritance only to the extent that the given property falls short of his/her share of inheritance (Article 1008 of the Civil Act), and it shall be

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