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(영문) 서울남부지방법원 2015.09.23 2014가단69140
사해행위취소
Text

1. As to shares of 1/2 of the real estate listed in the separate sheet:

A. It was concluded on December 2, 2013 between the Defendant and B.

Reasons

1. Basic facts

A. On November 12, 2010, the Plaintiff (B) filed a lawsuit against B on the claim for acquisition amount under the Seoul Central District Court 2010 Ghana136850, and on November 12, 2010, the Plaintiff (B) received a decision on performance recommendation from the above court that “B shall pay to the Plaintiff the amount of KRW 15,365,602 and KRW 1,967,31, whichever is the rate of 38.69% per annum from October 16, 2010 to the full payment date.” The said decision on performance recommendation was finalized on March 25, 2011.

B. On December 2, 2013, C, his mother, died on December 2, 2013, and his heir had children B and Defendant, and there was real estate listed in the separate sheet as inherited property (hereinafter “instant real estate”).

C. B and the Defendant independently agreed on the division of inherited property (hereinafter “instant agreement on division of inherited property”) with the content that the Defendant owned the instant real property, which is inherited property. On February 13, 2014, the Defendant completed the registration of transfer of ownership based on inheritance by consultation and division as Seoul Southern District Court Receipt No. 6399, Dec. 2, 2013.

On the other hand, B around December 2, 2013, around December 2, 2013, had no particular property except inheritance shares on the instant real estate, and had been in excess of obligations.

[Reasons for Recognition] Evidence Nos. 3 through 6, Evidence No. 7-1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The agreement on the division of inherited property with respect to the establishment of a fraudulent act is to confirm the reversion of inherited property by either having all or part of the inherited property owned by each inheritor separately or performing as a new co-ownership relationship with respect to the inherited property provisionally owned by co-inheritors after the commencement of inheritance, and therefore, it can be subject to the exercise of the right to revoke the fraudulent act. Meanwhile, the debtor's transfer of real property, which is the only property, to another person without compensation, to the creditor, barring special circumstances.

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