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(영문) 부산지방법원서부지원 2017.12.01 2017가단105621
사해행위취소
Text

1. As of June 26, 2013, 1/3 of the real estate listed in the separate sheet concluded between the defendant and B.

Reasons

1. Basic facts

A. On January 7, 2013, the Plaintiff filed a claim for reimbursement against Nonparty B, etc. with Busan District Court Decision 2012Gadan89161, and received the judgment of “B, etc. jointly and severally from October 6, 2012 to November 5, 2012, that “B, etc. shall pay jointly and severally to the Plaintiff the amount of KRW 100 million and the interest calculated at the rate of 6% per annum from the next day to the date of full payment, and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive around that time.

B, etc. do not pay the above money to the Plaintiff.

B. C, as referred to in B, owned the real estate listed in the separate sheet (hereinafter “instant real estate”) and died on June 26, 2013.

C. The deceased C’s successors succeeded to the net C’s property in the Defendant, B, and D, each of whose children are children, as one-third shares.

After C’s death, the Defendant, B, and D entered into an agreement on division of inherited property with the content that all inheritance shares in the instant real estate are to be acquired by the Defendant alone.

(hereinafter “instant agreement on division of inherited property”). (e)

According to the agreement on the division of the inherited property of this case, on October 28, 2013, the registration of transfer of ownership was completed on the ground of inheritance due to the division as of June 26, 2013 in the future of the defendant on October 28, 2013.

(f) Since June 26, 2013, B had no particular property other than 1/3 of the inheritance shares in the instant real estate.

【Ground for recognition】In the absence of dispute, entry of Gap 1 through 3, fact-finding to Busan Metropolitan City of this Court, the whole purport of the pleading

2. Determination

A. Determination as to the cause of the claim 1) The Plaintiff had the instant judgment claim against B at the time of the agreement on the division of the inherited property of this case, and thus, the said judgment claim constitutes a preserved claim that can be protected by the obligee’s right of revocation. 2) The agreement on the division of fraudulent act and the inherited property of deceased intent is concluded.

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