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(영문) 부산지방법원동부지원 2017.11.21 2017가단5152
사해행위취소 등
Text

1. As to shares in 2/9 of the real estate listed in the separate sheet:

A. B signed on November 9, 2016 with the Defendant.

Reasons

1. Facts of recognition;

A. On October 18, 2007, the Plaintiff filed a lawsuit against B with the Seoul Central District Court 2007 Ghana201898, and sentenced that “B shall pay to the Plaintiff the amount of KRW 6,283,32 with the interest of KRW 17% per annum from October 25, 2003 to October 16, 2007, and the interest of KRW 20% per annum from the next day to the date of full payment.” This judgment was finalized on November 14, 2007.

B. B owned the real estate indicated in the separate sheet and died on November 9, 2016. On the same day, Defendant, children, B, D, and E, who are the spouse of C, concluded an agreement on the division of inherited property to solely own the said real estate (hereinafter “instant agreement on the division of inherited property”).

C. On December 21, 2016, the Defendant completed the registration of ownership transfer as stated in Section 1-B of the Disposition No. 1 based on the instant agreement on the division of inherited property.

On the other hand, B was in a insolvent state with no other active property at the time of the instant agreement on division of inherited property.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 6, 7, Eul evidence No. 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, the agreement on the division of the inherited property of this case with the purport of transferring the inheritance shares of 2/9 among the attached real estate in which B, insolvent, was the sole active property, to the defendant, constitutes a fraudulent act detrimental to the plaintiff, who is the creditor against B, and is presumed to have been malicious to the defendant's fraudulent act.

Therefore, barring special circumstances, the agreement on the division of inherited property of this case with respect to shares 2/9 out of the real estate indicated in the attached Form shall be revoked, and the defendant shall be obligated to implement the procedure for the cancellation of ownership transfer registration with respect to the above shares to the original state B

B. On the Defendant’s assertion, the Defendant is the instant case.

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