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(영문) 부산지방법원 2019.04.23 2018가단19060
사해행위에 기한 지분가액배상
Text

1. As to 3/9 shares of real estate listed in the separate sheet:

A. The Defendant and C (D) concluded on June 19, 2018.

Reasons

1. Facts of recognition;

A. The payment order (Seoul Central District Court 2010 tea13195. hereinafter “instant payment order”) was finalized on March 25, 2010, stating that “C shall pay to the Plaintiff 30,811,318 won and 9,636,814 won, which is calculated at the rate of 18% per annum, from February 17, 2010 to the date of full payment.”

B. The real estate indicated in the separate sheet (hereinafter “instant real estate”) was owned by the Defendant’s mother. After the death of the Defendant, the spouse C, Defendant C, and two other parties, the inheritor, were to be solely owned by the Defendant on June 19, 2018 (hereinafter “instant agreement on division of inherited property”). As to the instant real estate, the registration for transfer of ownership in the name of the Defendant was completed on August 16, 2018 under the Busan District Court’s Busan District Court’s Busan District Court’s receipt No. 21631, Aug. 16, 2018.

C. C did not have any active property other than the inheritance share in the instant real estate at the time of the split-off consultation of the instant inherited property.

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

2. Determination

A. The existence of a preserved claim is as seen earlier before the Plaintiff’s claim based on the instant payment order against the Defendant was established at the time of the consultation on division of the inherited property of this case. Accordingly, the Defendant asserted that the Defendant’s claim against the Defendant was extinguished by the statute of limitations. However, since the instant lawsuit was filed on September 13, 2018, which was clearly apparent that the period from March 25, 2010 when the above payment order was finalized to elapse ten years from March 25, 2010, the Defendant’s assertion on this part is rejected.

B. The establishment of a fraudulent act and the division of an inherited property by deceased will be attributed to the inherited property by holding that all or part of the inherited property provisionally owned by co-inheritors upon commencement of inheritance as separate ownership by each inheritor, or by performing it as a new co-ownership relationship.

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