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(영문) 부산지방법원동부지원 2019.06.13 2018가단5609
사해행위취소
Text

1. As to the portion of 1/3 of the real estate indicated in the separate sheet

A. It was concluded on January 18, 2018 between the Defendant and E.

Reasons

1. Basic facts

A. E was obligated to pay the credit card price to the Plaintiff as of January 18, 2018 (principal principal KRW 3,642,518, late 743,736) by joining the Plaintiff as a member and delaying payment of the credit card price from March 23, 2017.

B. On January 18, 2018, the deceased F (hereinafter “the deceased”) died after having left Defendant, E, and G as bereaved family members, and on February 7, 2018, the ownership transfer registration was completed on January 18, 2018 for the real estate listed in the separate sheet (hereinafter “instant real estate”).

C. At the time, E did not own any property, but did not bear a large number of obligations such as surety obligations, and was in excess of its obligation.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 6 (including additional numbers), inquiry inquiry of the head of this court about the head of the Si/Gun/Gu, H's credit transaction information reply, and the purport of the whole argument

2. Determination

A. The agreement on the division of inherited property and the agreement on the division of inherited property by a legal doctrine regarding a fraudulent act 1 is to confirm the reversion of inherited property by either having all or part of the inherited property provisionally owned by each inheritor or having performed as a new co-ownership relationship with respect to the inherited property as a result of the commencement of inheritance, and thus, 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 estate, which is the only property of his/her heir, and changing it into money or transferring it to another person without compensation, becomes a fraudulent act against the creditor. Therefore, in principle, the debtor in excess of his/her obligation has reduced joint security against the general creditor by abandoning his/her right to

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