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(영문) 서울중앙지방법원 2019.04.17 2018가단50148
사해행위취소 청구의 소
Text

1.(a)

On June 29, 2015, it was concluded on June 29, 2015 with respect to the shares of 1/3 of the real estate listed in the attached list.

Reasons

Basic Facts

The Plaintiff (FF Co., Ltd. prior to the change) filed a lawsuit against the Plaintiff for the claim for the amount of the assignee fee against E with the Daejeon District Court 2014Gaso82355. On January 23, 2015, the said court rendered a judgment that “E shall pay to the Plaintiff 2,781,789 won and 1,680,651 won with the interest of 20% per annum from December 25, 2014 to the date of full payment.”

The above judgment became final and conclusive on February 14, 2015.

The father G of E of the agreement on the division of inherited property (hereinafter referred to as the “the deceased”) died and becomes the heir of E, Defendant, and H who are their children.

On June 29, 2015, Defendant, E, and H entered into an agreement on the division of inherited property (hereinafter “instant division agreement”) with the Defendant’s sole ownership of the real estate in the separate sheet owned by the Deceased (hereinafter “instant apartment”).

On September 7, 2015, the Defendant completed the registration of ownership transfer on the apartment of this case based on the instant partition agreement.

At the time of entering into the instant split-off agreement with E insolvent, E was in excess of its obligation.

[Based on the facts that there is no dispute, Gap evidence Nos. 1 and 3, and the existence of a preserved claim to be determined as to the purport of the entire pleadings, the plaintiff had a claim for the amount of money taken over pursuant to the above judgment against E at the time of the division agreement in this case, and KRW 4,013,039, which the plaintiff asserted as a preserved claim in this case, among the above claim for the amount taken over and the damages for delay, is a preserved claim seeking the revocation of a fraudulent act against the division agreement in this case.

The agreement on the division of inherited property established by a fraudulent act is to confirm the attribution of inherited property by holding all or part of the inherited property provisionally owned by co-inheritors upon commencement of inheritance as sole ownership by each inheritor or performing it as a new co-ownership relationship, and therefore, the right to revoke the fraudulent act is a juristic act aimed at property rights in its nature.

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