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(영문) 청주지방법원제천지원 2020.01.08 2019가단21558
사해행위취소
Text

1. As to shares 2/13 of each real estate listed in the Schedule I:

A. It was concluded on March 14, 2019 between Defendant B and D.

Reasons

1. Basic facts

A. On October 16, 2013, the Plaintiff applied for a payment order against D with a payment order for acquisition money. On October 16, 2013, the Plaintiff received a payment order stating that “D shall pay to the Plaintiff 54,262,919 won and 14,058,800 won per annum from the day following the delivery of the original copy of this payment order to the day of complete payment.”

The above payment order was finalized on November 19, 2013.

B. E owned each real estate listed in the separate sheet 1 and 2, and died.

E’s heir is F, children G, H, D, Defendant B and C.

C. Defendant B completed the registration of ownership transfer on March 27, 2019 with respect to each real estate listed in the separate sheet No. 1 on March 27, 2019, based on inheritance by agreement and division as of March 14, 2019.

The Defendants completed the registration of ownership transfer based on inheritance due to the division in March 14, 2019, among the real estate listed in the separate sheet No. 2 on March 27, 2019.

E. D was in excess of obligations at the time of entering into a contract on the division of inherited property agreement with E, including the Defendants, on March 14, 2019 (hereinafter “instant contract”).

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 13 (including each number number; hereinafter the same shall apply), the fact inquiry result of this court's fact inquiry about the tent viewing, the purport of the whole pleadings

2. Determination

A. The plaintiff of the preserved bond is the first-A.

As described in Paragraph (1) above, since the Plaintiff had a claim against D for transfer money prior to the conclusion of the instant contract, such claim against D can be a preserved claim for the exercise of the Plaintiff’s right to cancel the fraudulent act.

B. The agreement on the division of the inherited property by fraudulent act and by deceased intent is to confirm the reversion of the inherited property by either having all or part of the inherited property provisionally owned by co-inheritors upon commencement of inheritance as a sole ownership by each inheritor, or by performing it as a new co-ownership relationship.

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