logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2019.07.18 2017가단110046
사해행위취소 등 청구의 소
Text

1. It was concluded on June 8, 201 with respect to the share of 2/11 of the real estate listed in the separate sheet between the Defendant and C.

Reasons

1. Facts of recognition;

A. On July 23, 2008, the Plaintiff filed a lawsuit against C on the loan claim by Seoul Central District Court 2008Da121638, and rendered a judgment on July 23, 2008 that “the Defendant shall pay to the Plaintiff the amount of KRW 50 million with interest of KRW 20% per annum from October 1, 2004 to the date of full payment.”

On this issue, C filed an appeal to the Seoul Central District Court 2017Na42714, but on September 11, 2018, the judgment that "the defendant's appeal is dismissed" was sentenced, and the above judgment became final and conclusive as it is.

B. D, as C’s partner, died on June 8, 2016 (hereinafter “the deceased”), there were the Defendant (the spouse 3/11) who is his/her spouse, and C, E, F, and G (each inheritance share 2/11) who is his/her spouse.

C. On June 8, 2016, the Defendant and the inheritors including C entered into an agreement on the division of inherited property solely inherited by the Defendant (hereinafter “instant agreement on division”) with respect to the real estate listed in the attached list owned by the Deceased (hereinafter “instant real estate”). On August 17, 2016, the ownership transfer registration was completed in the name of the Defendant on the grounds of the said agreement.

At the time of the agreement on division of the instant case, C had no particular property, except the above inheritance shares concerning the instant real estate, and was in excess of its obligation.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including each number), the purport of the whole pleadings

2. Determination

A. According to the fact that the existence of the preserved claim is recognized, the Plaintiff had a loan claim against C at the time of the instant agreement division agreement, and thus, the claim is the preserved claim seeking the revocation of the fraudulent act as to the instant agreement division agreement.

B. The agreement on division of the inherited property established by a fraudulent act shall be either wholly or partially owned by each inheritor or a new co-ownership relationship with respect to the inherited property provisionally owned by co-inheritors upon commencement of inheritance.

arrow