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(영문) 대전지방법원논산지원 2019.05.23 2019가단20125
사해행위취소
Text

1. As to shares of 2/11 of each of the real estates listed in the separate sheet:

A. On November 8, 2018, between the Defendant and D.

Reasons

1. Facts of recognition;

A. On June 18, 2013, Nonparty E loaned 12 million won to D, 60 months of the loan period, 38.9% of the loan interest rate and overdue interest rate, respectively.

B. On February 16, 2015, Nonparty E transferred the above loan claim against D to the Plaintiff, and notified the transfer of the above claim to D.

C. The Plaintiff filed an application against D for a payment order with the Seoul Northern District Court 2015 tea16908 with the purport that “18,139,238 won and 11,41,034 won among them shall be paid at the rate of 38.9% per annum from April 9, 2015 to the date of full payment.” The said payment order was finalized on June 2, 2015.

(hereinafter “instant claim”). D.

D The net F (hereinafter referred to as "the deceased") died on August 26, 2018.

E. The deceased’s heir was the spouse G, children D, Defendant, H, and I, but each of the real estates listed in the separate sheet, which is inherited property, was “each of the instant real estates.”

On August 26, 2018, the registration of transfer of ownership was made under the sole name of the defendant on November 13, 2018 on the ground of inheritance by agreement and division on August 26, 2018. [The entries in Gap, 3, 4, 6, 7, and 8, 2, and 9, 1, 2, and 5-1 through 3, and the purport of the whole pleadings.

2. Determination

A. According to the above recognition of the existence of the preserved claim, since the claim in this case occurred prior to the agreement on the division of inherited property, it becomes a preserved claim in the lawsuit seeking revocation of fraudulent act.

I would like to say.

B. The establishment of a fraudulent act and the division of an inherited property by deceased will be constituted by the commencement of inheritance, and all or part of the inherited property, which was provisionally owned by co-inheritors, is a sole ownership of each inheritor, or is to confirm the reversion of inherited property by performing as a new co-inheritors, and therefore, it can be subject to the exercise of the right of revocation of a fraudulent act, and Supreme Court Decision 201Da2548, Feb. 9, 2001.

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