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(영문) 전주지방법원 2018.12.14 2018가단12560
사해행위취소 등
Text

1. The inherited property concluded on February 27, 2018 with respect to each real estate listed in the separate sheet between the defendant and the non-party D.

Reasons

1. Basic facts

A. On August 17, 2015, the Plaintiff filed a lawsuit against Nonparty D by Jeonju District Court 2015 tea77, and filed a lawsuit against the Plaintiff, and on August 17, 2015, the Plaintiff received a payment order (hereinafter “instant payment order”) stating that “the Defendant (D) shall pay to the Plaintiff the amount of KRW 9,541,668 and KRW 9,305,472 per annum 29% per annum from August 13, 2015 to the date of full payment” (hereinafter “instant payment order”), and the said payment order was finalized on September 10, 2015.

B. E, the owner of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) died on January 4, 2012, and E’s inheritor D inherited the E’s inherited property at the ratio of 3/13, and the Defendant, F, G, H, and I inherited the E’s inherited property at the ratio of 2/13.

C. On February 27, 2018, Defendant, D, F, G, H, and I entered into an agreement on the division of inherited property (hereinafter “instant agreement on division of inherited property”) with the purport of having the ownership of the instant real estate as the Defendant, and completed the registration of ownership transfer as of April 12, 2018 as the receipt of the former District Court’s Office of Registry No. 2815 on April 12, 2018.

At the time of the agreement on division of the inherited property of this case, D’s inheritance shares (3/13) of each real estate of this case was the only property D.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 4, and 6, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The agreement on the division of the inherited property, which is the establishment of a fraudulent act, is to confirm the reversion of the inherited property by either having all or part of the inherited property, which is a provisional co-inheritors, as the sole ownership of each inheritor, or performing a new co-ownership relationship, with respect to the inherited property, and thus, becomes subject to the exercise of the right to revoke the fraudulent act. Meanwhile, the debtor may sell the real property, which is the only property of his own.

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