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(영문) 대구지방법원김천지원 2015.10.14 2015가단966
사해행위취소
Text

1. As to the portion of 1/2 of the real estate indicated in the separate sheet

A. It was concluded on January 19, 2014 between the Defendant and B.

Reasons

1. Basic facts

A. B used a credit card issued by the Plaintiff from May 24, 2001, but failed to pay the card price from May 22, 2013, and the amount of the principal and interest of the unpaid credit card price as of January 21, 2015 reaches KRW 7,794,271.

B. The real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by B B’s father network C. The deceased on January 19, 2014, and the heir was the Defendant and B, who were his children.

C. The Defendant and B agreed upon and divided the instant real estate to be inherited by the Defendant (hereinafter “instant agreement division”), and the Defendant completed the registration of ownership transfer based on inheritance due to the agreement division as of June 27, 2014, under the receipt of the Suwon District Court, No. 9702, Jun. 27, 2014.

B was in excess of obligations at the time of the instant agreement division.

[Reasons for Recognition] The absence of dispute, Gap evidence Nos. 1 through 7, response to financial transaction information by the new bank, the purport of the whole pleadings

2. Determination

A. The agreement on the division of the inherited property established by a fraudulent act is to confirm the reversion of the inherited property by having all or part of the inherited property, which is provisionally owned by co-inheritors, upon commencement of inheritance, as separate ownership by each inheritor, or by performing as a new co-ownership relationship, and therefore, it is a juristic act the object of which is property rights (see Supreme Court Decision 2000Da51797, Feb. 9, 2001). Meanwhile, barring any special circumstance, the debtor's act of selling real property, which is one of his/her sole property, and changing it into money easily for consumption or transferring it to another person without compensation, becomes a fraudulent act against the creditor. Therefore, the joint security against the general creditor has decreased by waiver of his/her right to the inherited property while the debtor in excess of his/her obligation agreed on the division of inherited property

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