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(영문) 대구지방법원 2019.06.26 2018가단17287
사해행위취소
Text

1. On October 16, 2014, the Defendant and D as to one-third share of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On October 16, 2014, the Plaintiff owned KRW 3,682,59 as a credit card loan (i.e., principal amount of KRW 3,288,296 interest of KRW 298,759) and KRW 6,285,160 as a credit card payment (i.e., principal amount of KRW 5,390,650,020) and KRW 6,285,160 as a credit card payment (i.e., principal amount of KRW 5,390,650).

As of August 3, 2018, the Plaintiff’s card loan loan to D is KRW 5,455,759 ( principal KRW 3,288,296 interest KRW 298,759) and the credit card payment is KRW 9,208,578 ( principal KRW 5,390,650, KRW 150,020).

B. E, the father of D, died on October 16, 2014, and as the deceased’s inheritor, Defendant, D, and F, the child of the deceased E.

Defendant, D, and F, by concluding a contract on the division of inherited property on the same day, succeeded to the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the network E by the Defendant alone.

C. At the time of the agreement on division of the above inherited property, D was in excess of its obligation.

The Defendant sold the instant real estate in KRW 157 million to G on November 28, 2014, and G sold the instant real estate in KRW 182 million to H on November 4, 2015, and currently, the instant real estate is owned by H.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. According to the above facts, according to the judgment on the cause of the claim, the defendant's agreement on the division of inherited property between the defendant and D as to the 1/3 share of inheritance shares of D is a fraudulent act detrimental to the plaintiff, who is the creditor of D, and thus the agreement is revoked.

In light of circumstances where it is extremely difficult to return the original property, the method of restitution shall be based on the method of compensation for value.

Accordingly, the defendant is entitled to KRW 14,664,37 (the corresponding amount of the plaintiff's credit as of August 3, 2018) = 5,455,759 Won 9,208,578 Won 1.

In light of the sales price of the instant real estate stated in the subsection, the said amount does not exceed the value of 1/3 shares out of the instant real estate.

The date of this judgment shall be from the day after the date of final judgment.

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