logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.08.22 2016가단35973
사해행위취소
Text

1. The Defendants and D’s share in 2/9 of each real estate listed in the separate sheet was concluded on June 17, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim against D was acquired by Han Bank and Samsung Card’s claim against D in 2003, and filed an application for payment order (this court’s 2016 tea51699) against D. On August 3, 2016, upon receiving a payment order from the above court that “D shall pay KRW 8,800,000 to the Plaintiff and its delayed damages.” The payment order was finalized on the 20th of the same month.

B. Consultation on division of inherited property 1) Each real estate listed in the separate sheet (hereinafter “each real estate of this case”)

) The network E (hereinafter referred to as “the network”).

As the deceased died on June 17, 2016, the share of each of the instant real estate jointly inherited by the Defendant A and his children, D and C, who are their wife, shall be 2/9 shares, respectively. (2) However, D and the Defendants agreed on the division of inherited property to own each of the instant real estate in 2/4 shares, Defendant B and C, and 1/4 shares, respectively (hereinafter “instant division agreement”), and accordingly, on November 28, 2016, the ownership transfer registration was completed on the grounds of inheritance due to the agreement and division as of June 17, 2016.

C. D’s insolvent D’s insolvency is as against the Plaintiff.

On the other hand, while there is no particular property.

[Ground of recognition] Facts without dispute, Gap 1 through 10 evidence, Eul 1 through 5 evidence, the head of Yongsan-gu of this court, the president of the Korea Credit Information Institute, and the head of Yongsan-gu Tax Office for fact inquiry results of each fact inquiry, the purport of the whole pleadings

2. Determination:

A. The right to revoke the fraudulent act is a juristic act aimed at property rights in light of the nature of the agreement on the division of the inherited property, with respect to the inherited property, which has been provisionally owned by the co-inheritors upon commencement of inheritance, by either having all or part of the inherited property individually owned by each inheritor, or having become final and conclusive by performing as a new co-inheritors.

arrow