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(영문) 부산지방법원 2020.07.07 2020가단1413
사해행위취소 등
Text

1. The inherited property concluded on August 25, 2019 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. On April 4, 2019, the Plaintiff filed a lawsuit against C with respect to the claim for the amount of the deposit, and sentenced to a judgment ordering the payment of KRW 609,186 and damages for delay thereof (hereinafter “the amount of the deposit”) on April 23, 2019, and the said judgment became final and conclusive around that time.

B. As to the real estate listed in the separate sheet (hereinafter “instant real estate”), the registration of ownership transfer was completed in the name of D. However, D was killed on August 25, 2019 and there was C and E, the spouse of which is the Defendant, his/her child, as the inheritor.

D’s successors, on August 25, 2019, completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) to the Defendant on September 26, 2019 regarding the instant real estate due to inheritance by consultation and division (hereinafter “instant inheritance agreement”).

C. Meanwhile, at the time of the agreement on division of the instant inherited property, C had no particular positive property in addition to the inheritance share of the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4-1, and 4-2, the purport of the whole pleadings

2. The agreement on division of the inherited property by judgment is to confirm the reversion of the inherited property by either having all or part of the inherited property, which was provisionally owned by the co-inheritors upon commencement of inheritance, as a sole ownership by each inheritor, or having performed as a new co-ownership relationship, and therefore, it is a juristic act aiming at property rights by its nature. Therefore, it can be the subject of the exercise of the right to revoke a fraudulent act. However, even in cases where a debtor in excess of the debt already renounced his/her right to the inherited property upon the agreement on division of the inherited

(Supreme Court Decision 2000Da51797 Decided February 9, 2001; Supreme Court Decision 2007Da29119 Decided July 26, 2007, etc.). According to the above facts of recognition, C shall take over the entire lawsuit against the Plaintiff.

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