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(영문) 광주지방법원순천지원 2017.06.28 2016가단11824
사해행위취소
Text

1. The inherited property concluded on January 14, 201 with respect to 2/11 shares of each real estate listed in the separate sheet between the defendant and B.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim B against the Plaintiff was issued with a credit card from the Plaintiff and was in arrears with the credit card use price. Accordingly, on October 17, 2012, the Plaintiff filed a payment order with the Gwangju District Court 2012 tea15402 against B, and on October 17, 2012, “B shall pay to the Plaintiff 19,939,042 won and the amount of 19,660,307 won per annum from October 15, 2012 to the date of full payment.” The payment order was finalized on November 6, 2012.

B. C, a partner of the division consultation B between B and the Defendant, died, and as well as D, E, B, and F, a spouse, were co-inheritors. On December 26, 2015, the above inheritors concluded an agreement on division of inherited property (hereinafter “instant agreement on division”) with the purport that the Defendant would own each real estate listed in the separate sheet (hereinafter “each real estate of this case”) on the sole basis of the Defendant’s ownership. Accordingly, on January 25, 2016, the Defendant completed the registration of transfer of ownership based on the inheritance by division, and on the same list Nos. 6, a non-registered status, the registration of preservation of ownership was completed.

C. At the time of the division consultation in this case’s insolvent, B was insolvent.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 7, 11 to 19 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination

A. According to the fact that the existence of the preserved claim is recognized, the Plaintiff’s claim was established prior to the instant divisional consultation, and thus becomes the preserved claim of the obligee’s right of revocation.

B. The agreement on the division of the inherited property established by a fraudulent act is to confirm the reversion of the inherited property by either having all or part of the inherited property provisionally owned by co-inheritors upon commencement of inheritance as separate ownership by each inheritor, or performing it as a new co-ownership relationship.

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