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(영문) 서울중앙지방법원 2020.08.26 2020가단5060686
사해행위취소
Text

1. It was concluded on May 7, 2019 with respect to 2/7 shares of the real estate listed in the separate sheet between the Defendant and C.

Reasons

1. Facts of recognition;

A. On July 5, 2018, D Co., Ltd. (1) transferred to the Plaintiff the principal and interest claim arising from the credit card loan (principal principal KRW 15 million) around August 15, 2014 against C, and notified C of the transfer of the claim. (2) The Plaintiff’s above-paid claim against C (hereinafter “the instant credit transfer claim”) reached KRW 24,234,220 as of May 20, 2020.

B. The agreement between C and the Defendant on the division of inherited property (i) the network E (hereinafter “the network”).

(2) Around May 7, 2019, the Defendant (the heir 3/7 shares in inheritance) and C and F (the heir 2/7 shares in inheritance) were deceased. Around May 7, 2019, the Defendant entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with C and F to solely inherit the real estate listed in the separate sheet (hereinafter “instant real estate”). On July 2, 2019, the Defendant completed the registration of the transfer of ownership in the name of the Defendant on the ground thereof.

C. C’s property status did not hold any property other than his/her own shares of inheritance among the instant real estate at the time of the agreement on division of inherited property, while the said property status was against the Plaintiff.

It was in excess of the obligation, such as bearing the same obligation as described in the subsection.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 5, and evidence 7, the purport of the whole pleadings

2. The assertion and judgment

A. According to the fact that the existence of the secured claim is recognized, the Plaintiff had the claim for the transfer money against C at the time of the agreement on the division of inherited property of this case, and thus, the above transfer money claim is a secured claim seeking the revocation of the fraudulent act against the agreement on the division of inherited property of this case.

B. Around June 2016, the Defendant’s summary of the Defendant’s assertion that a fraudulent act was constituted and the deceased had requested G to grant monetary loans to the deceased by means of the pre-paid share of inheritance. The deceased requested that G around August 18, 2016.

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