Whether it constitutes a fraudulent act

In principle, even if a debtor in excess of his/her obligation waives his/her right to his/her share of inheritance while holding a division consultation on inherited property, and thus joint security for general creditors has decreased, it constitutes a fraudulent act against

Article 30 of the National Tax Collection Act Revocation

2018Na109750 Revocation of Fraudulent Act

Korea

Reference Kim

November 13, 2018

December 11, 2018

1.The amendments to paragraphs 1, 2, and 3 of the judgment of the first instance, including the plaintiff's claim extended by this court, are as follows:

A. On July 14, 2016, the agreement on the division of inherited property concluded on July 14, 2016 with respect to the portion of 1/3 of the real estate listed in attached Table 1 between the defendant and AA shall be revoked within the scope of x, x, and xx. The defendant shall pay to the plaintiff 5% interest per annum from the day following the date this decision became final and conclusive to the day of complete payment.

B. On July 14, 2016, the agreement on the division of inherited property concluded on July 14, 2016 between the Defendant and AA with respect to the shares of 1/3 of the real estate listed in attached Table 2 shall be revoked, and the Defendant shall implement the procedure for the registration of transfer of ownership on the ground of the recovery

2. All costs of the lawsuit are borne by the Defendant.

The same is as the order of the Gu office (the plaintiff extended the purport of the claim related to the real estate stated in the attached list No. 1 in this court).

1. Quotation of judgment of the first instance;

The reasoning of this Court is that the reasoning for this part is the same as the reasoning for the judgment of the first instance except for the following modifications, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be corrected;

If the portion of 'A evidence 6 No. 6-1' on 7th 5th 7th eth eth eth eth Gath 5th eth eth eth eth eth eth eth eth eth eth 6th eth eth eth eth 6th eth eth eth 6th eth eth eth eth 6th eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth xx,00 xm xm2) is added to the whole purport of the pleadings as of October 12, 2017 in the first instance court's inquiry report.

x,x, andx, which are the value of the real estate listed in paragraph (1) of the attached Table 1, and the balance after deductingx,x, andx, which is the secured amount of the property listed in paragraph (1) of the attached Table 1, fromx,x, andx, which is the value of the real estate listed in paragraph (1) of the attached Table, shall bex,x,xx (x,x,x,xx -x,x,x,x, andx). From among them, the value of the property listed in paragraph (1) of the attached Table 1, exceeds the value of the real estate acquired by the defendant among the real estate listed in paragraph (2) of the attached Table 1,x, andx,x,x, or defendant's share, shall be the value of the property indicated in the attached Table 1,x,x,x,x,x, and the value of the property indicated in the attached Table 1,xA,x, which is the value of the defendant's share in the inherited property,x,x1,x, the value of the defendant's share.

Eachx,x,x, andxx of the 4th and 5th offices shall be modified to eachx,x, andxx.

3. Conclusion

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning. It is so decided as per Disposition by the court of first instance, including the plaintiff's claim extended in this court.