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(영문) 대전지방법원 2020.12.23 2020가단124720
사해행위취소
Text

Attached Form

For ownership shares of 2/17 of the real property listed in the list:

A. It was concluded on September 14, 2015 between the Defendant and B.

Reasons

1. Facts of recognition;

A. On September 4, 2018, the Plaintiff filed a claim against B for the assignee-payment amounting to KRW 84,351,073 won and KRW 24,867,246, and the payment order on October 2, 2018 became final and conclusive on September 4, 2018.

B. B’s partner C died on August 4, 2015, and seven children, including spouse D and Defendant B, were the inheritor.

On September 14, 2015, the co-inheritors of the deceased independently owned the real estate listed in the attached list (hereinafter “instant real estate”) owned by the deceased, and six children, including the deceased’s spouse D and B, including the deceased’s spouse D and B, made an agreement on the division of inherited property (hereinafter “instant agreement on division”). Accordingly, on September 15, 2015, the registration of ownership transfer was made in the Defendant’s future on September 15, 2015.

C. B did not have any particular positive property other than the inheritance share in the instant real estate at the time of the instant partition consultation.

On the other hand, the small property was in excess of the debt, as it is equivalent to 24,867,246 won of the principal of the claim for the payment order finalized by the plaintiff.

[Ground] Facts without dispute, Gap evidence Nos. 1 through 6 (including paper numbers), Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, B renounced the inheritance share of 2/17 on the real estate of this case through a consultation on the division of inherited property in excess of debt. This constitutes a fraudulent act detrimental to general creditors, including the plaintiff, and the defendant's bad faith is presumed to be a beneficiary.

B With respect to the shares in inheritance 2/17 with respect to the instant real estate, the Defendant has cancelled the instant subdivision agreement concluded with the Defendant, and the Defendant is obligated to implement the procedure for cancellation of the ownership transfer registration to the original state.

B. As to this, the defendant shall claim against the plaintiff B at the time of the commencement of the inheritance.

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