logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.01.17 2019가단532225
사해행위취소
Text

1. On March 12, 2018, the Defendant and Nonparty C concluded on March 12, 2018 with respect to 2/11 shares of the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On July 13, 2016, the Plaintiff filed an application for a payment order with the Seoul Eastern District Court 2016 tea23288 against C to claim for the amount of acquisition.

On July 18, 2016, the above court rendered a decision to pay the Plaintiff the payment order, “C shall pay 19% per annum from November 29, 201 to the delivery date of the original copy of the above payment order, and 15% per annum from the following day to the date of full payment.”

B. C’s license D (hereinafter “the deceased”) died on March 12, 2018, and his/her heir had spouse E, children F, Defendant, C, and G.

However, with respect to the real estate listed in the attached list, which is the deceased’s property (hereinafter “instant real estate”), the registration of ownership transfer was completed on May 25, 2018 by the head of Suwon District Court, the registration office of the Suwon District Court, as of May 25, 2018, as of March 12, 2018, due to the inheritance by agreement division (hereinafter “instant agreement division”).

C. At the time of the instant consultation division, C had no active property except for the inheritance shares regarding the instant real estate, and was in excess of the debt owed only by the above payment order.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 4, 14, 15, and 16, and the purport of the whole pleadings

2. Determination

A. The agreement on the division of inherited property is to confirm the reversion of inherited property by either wholly or partially owning the inherited property of each inheritor or performing it as a new co-ownership relationship upon the commencement of inheritance with respect to which a provisional co-inheritors co-inheritors jointly own the inherited property, and thus, it is a juristic act aimed at property rights by its nature (see Supreme Court Decision 2000Da51797, Feb. 9, 2001). Meanwhile, the debtor’s act of changing the inherited property into money which is one of his/her sole property or transferring it to another person without compensation, barring any special circumstances.

arrow