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(영문) 수원지방법원 2020.07.09 2019나76054
사해행위취소
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

Reasons

1. The reasoning for this part of the reasoning is as follows, and this part of the reasoning is the same as that of “1. Basic Facts” in the reasoning of the judgment of the first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The third-party 8 to 11 of the judgment of the court of first instance shall be followed as follows.

"In the absence of any dispute", Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3 (including serial numbers; hereinafter the same shall apply), the result of fact-finding on the Court Administration of the court of first instance (as of December 18, 2018), the result of fact-finding on the Court Administration of the first instance court (as of December 18, 2018), the result of the fact-finding by the court of first instance, the result of the order to submit financial transaction information to G Co., Ltd. of the court of first instance, the result of the order to submit

2. Determination

A. According to the facts acknowledged prior to the existence of the preserved claim, C bears joint and several surety obligations (276,102,997 won and damages for delay) against the Plaintiff at the time of the agreement on the division of the inherited property of this case, and thus, C is a preserved claim of the obligee’s right of revocation.

B. The agreement on the division of one inherited property, which has been concluded by inheritance, becomes final and conclusive by having all or part of the inherited property temporarily owned by co-inheritors as the sole ownership of each inheritor or as a new co-ownership relationship, and therefore having the ownership of the inherited property, in its nature, it can be subject to the exercise of the right of revocation of fraudulent act. Meanwhile, barring any special circumstance, the debtor's act of selling real property, the sole property of which is the debtor, and changing it into money easily for consumption or transferring it to another person without compensation, becomes a fraudulent act against the creditor. Therefore, the debtor in excess of the debt already agreed on the division of inherited property.

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