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(영문) 서울남부지방법원 2015.04.10 2014가단52814
사해행위취소
Text

1. The inherited property concluded on September 20, 2013 with respect to 2/7 shares in the real estate listed in the separate sheet between the defendant and C.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim: (a) on December 5, 2008, the Plaintiff set KRW 9 million to C as the due date on June 9, 2009; and (b) on May 14, 2009, KRW 17 million as the due date for repayment was set as December 5, 2009, respectively.

B. Disposal: The registration of ownership transfer as described in Paragraph 2 of the Disposition was completed in the Defendant’s future on September 20, 2013 on the real estate listed in the separate sheet (hereinafter “instant real estate”) that was owned by C, the father of C, due to inheritance through consultation and division (hereinafter “instant agreement on division of inherited property”).

(c)Succession: The inheritor due to the death of D shall have E in addition to wife B and son C;

Insolvent: C did not have any property at the time of the division consultation of the inherited property of this case, and the real property of this case is the only property inherited from D.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-2, Gap evidence 2-5, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiff’s loan claim was already created at the time of the agreement on division of the inherited property of this case, and thus, the obligee’s right of revocation is protected by the obligee’s right of revocation.

C bears the above loan obligation against the Plaintiff, while there was no other property in excess of the obligation. As such, C waives its inheritance shares on the instant real estate, the only inherited property while holding a separate agreement on the division of inherited property, and transfers its ownership to the Defendant, barring any special circumstance, it is presumed that the act was fraudulent against the Plaintiff, the obligee, and the Defendant’s bad faith, the beneficiary, is presumed.

B. Therefore, the agreement on the division of the inherited property of this case with respect to 2/7 shares, which are inheritance shares of C among the real property of this case, shall be revoked, and the defendant shall be obligated to implement C the procedure for the cancellation of ownership transfer registration completed with respect to 2/7 shares among the real property of this case

3. Conclusion.

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