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(영문) 대전지방법원홍성지원 2020.11.27 2020가단30682
사해행위취소
Text

1. The inherited property concluded on September 3, 2016 with respect to one-half shares of the real estate listed in the separate sheet between the defendant and C.

Reasons

Basic Facts

D Co., Ltd. filed a claim for loans with Seoul Central District Court Decision 2007Gaso2080266, Seoul Central District Court Decision 2007Daso2080266, which stated that “C shall pay to the above company 6,760,518 won and damages for delay calculated at the rate of 49% per annum from August 9, 2007 to the date of full payment.” The above judgment claim was taken over to E Co., Ltd., and the above judgment claim was taken over to F Co., Ltd., and the above limited company F Co., Ltd. applied for a payment order for the extension of the prescription period of the judgment claim under Seoul Central District Court Decision 2018Da1026052, Apr. 13, 2018.

The plaintiff was acquired by transfer the above judgment amount claim from the limited liability company F.

G died on September 3, 2016, and C and the Defendant jointly inherited the Deceased each 1/2 shares between the prison land.

C and the Defendant, on September 3, 2016, entered into an agreement on the division of inherited property (hereinafter “instant agreement on division of inherited property”) with the Defendant’s sole ownership of the real estate listed in the separate sheet (hereinafter “instant real estate”). Accordingly, the Defendant completed the registration of transfer of ownership (hereinafter “instant registration of transfer of ownership”) following the said agreement on March 23, 2017.

At the time, C did not have any property in excess of the obligation.

[Reasons for Recognition] Unsatisfy, each entry of Gap evidence 1 to 3, and the judgment as to the ground for claim as a whole

A. According to the facts of the existence of the preserved claim and the recognition thereof, the Plaintiff’s claim against C for the takeover amount exists at the time of the division of the inherited property of this case, and the Plaintiff’s above claim is the preserved claim.

B. The agreement on division of one inherited property established as a fraudulent act shall commence and all or part of the inherited property, which had been provisionally owned by co-inheritors, shall be made by each inheritor.

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