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(영문) 전주지방법원군산지원 2015.06.11 2014가합12227
사해행위취소
Text

1.(a)

The agreement on the division of the inherited property concluded on May 31, 2013 between the defendant and B regarding the real property in attached Forms 1 and 2.

Reasons

1. Facts of recognition;

A. The Defendant’s mother C died on April 25, 2013. On May 31, 2013, co-inheritors, including the Defendant, D (spouse), B, and E (child) owned the real estate of the inheritee C, but on May 31, 2013, upon the Defendant’s disposal of the said real estate, the Defendant agreed to divide the inherited property with a view to exercising the right of 3/6, D, B, and E’s disposal of the said real estate.

Accordingly, the defendant completed the registration of ownership transfer of the above real estate due to the division consultation of inherited property, and transferred it to another person.

B. After that, on June 7, 2013, the remaining co-inheritors D, B, and E, except the Defendant, reported the renunciation of inheritance, and the report of renunciation of inheritance was accepted.

Accordingly, the defendant completed the registration of ownership transfer of attached Forms 3 to 12 and 2 due to inheritance, and transferred the real estate of attached Forms 6 to 12 among them to another person.

C. B did not have any particular asset at the time of the division of inherited property, while B was in arrears with the Plaintiff’s totaling KRW 146,432,10 on December 31, 201, global income tax of KRW 173,293,930 on December 31, 201, value-added tax of KRW 1,233,440 on June 30, 201; value-added tax of KRW 91,13,650 on December 31, 2011; value-added tax of KRW 48,502,92,920 on June 30, 201; and value-added tax of KRW 32,701, and value-added tax of KRW 370 on December 31, 2012.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8, purport of whole pleadings

2. Determination on a request for revocation of fraudulent act (related to the real estate in attached Forms 1 and 1 (2));

A. If a debtor, who is in excess of the obligation to reinstate and the establishment of a fraudulent act as to the cause of the claim, waives his/her right to the inherited property while holding an agreement on the division of inherited property and the joint collateral against the general creditors has decreased, such agreement on the division of inherited property by the debtor constitutes a fraudulent act against the creditors.

As to this case, the health department and B shall be the defendant in excess of their obligations.

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