logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2015.07.14 2014가단25551
사해행위취소 등
Text

1. The inherited property entered into on August 8, 2014 with respect to shares 2/9 of the real estate stated in the separate sheet between the defendant and B.

Reasons

1. Facts of recognition;

A. B used a credit card as a member of Samsung Card Co., Ltd. and did not pay the principal amount of KRW 12,701,190 and interest thereon.

B. The aforementioned card price claim was transferred to Solomon Savings Bank around December 20, 2015, and was transferred to the Plaintiff on April 26, 2011.

C. Meanwhile, upon the death of the father C, three children, including the Defendant and B, who were his wife, jointly inherited the deceased’s property. On August 8, 2014, the inheritors agreed to divide the inherited property into the Defendant’s sole ownership on the same day, and completed the registration of ownership transfer as described in Section 2 of the Disposition.

At the time of the above consultation on division of inherited property B, there was no particular property other than the above inheritance shares.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 8, and 9, the purport of the whole pleadings

2. The assertion and judgment

A. The debtor's act of selling real estate, which is one of his/her sole property, and changing it into money easily for consumption or transferring it to another person without compensation, constitutes a fraudulent act against the creditor, barring special circumstances. Thus, even in cases where a debtor in excess of his/her obligation waives his/her right to inherited property in consultation on division of inherited property and thus joint security against the general creditor has decreased, in principle, it constitutes a fraudulent act against the creditor (see, e.g., Supreme Court Decision 2007Da29119, Jul. 26, 2007). B, the debtor, was aware that the agreement on division of inherited

It is presumed that the defendant's will is the beneficiary.

Therefore, the agreement on the division of inherited property concluded between the defendant and B with respect to the 2/9 share in the inheritance shares in attached Form B shall be revoked, and it shall be restored accordingly.

arrow