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(영문) 인천지방법원 2019.07.09 2018가단230082
사해행위취소
Text

1. The Defendants and F agreed on the division of inherited property on June 22, 2013 between the Defendants and F on June 14, 2013.

Reasons

1. Basic facts

A. In order to guarantee the obligation to pay credit sales proceeds to G Co., Ltd. (hereinafter “G”), the Plaintiff entered into a guarantee insurance contract with G with the purchase price of KRW 10 million, and F jointly and severally guaranteed the obligation to pay credit sales proceeds to H.

On July 16, 2004, the Plaintiff paid insurance money of KRW 10 million to H Co., Ltd. on July 16, 2004 under the above contract, thereby acquiring the claim for reimbursement against G and joint guarantor.

(hereinafter “instant claim for reimbursement”). The damages for delay up to December 31, 2010 for the principal amount of KRW 10 million is KRW 12,279,726.

B. Around June 22, 2013, the F and the Defendants jointly inherited the real estate indicated in the separate sheet (hereinafter “instant real estate”). The F renounced the inheritance share and inherited the Defendants one-fourth each by giving up the inheritance share (hereinafter “instant agreement on the division of inherited property”).

The Defendants completed the registration of ownership transfer on June 23, 2017, with respect to each of the above real estates on the grounds of inheritance.

C. The heir of I is the J and the Defendants, the spouse of I, who are the Defendants.

[Ground for Recognition: Unsatisfy Facts, entry of Gap evidence 1 through 5, purport of whole pleadings]

2. Determination

A. According to the above facts, the Plaintiff, at the time of the agreement on the division of inherited property of this case, has the claim for reimbursement of this case against F at the time of the agreement on the division of inherited property of this case, and thus, the above claim is a preserved claim seeking the revocation of fraudulent act against the agreement on

B. The agreement on the division of the inherited property established by a fraudulent act is to confirm the reversion of the inherited property by either having all or part of the inherited property provisionally owned by co-inheritors upon commencement of inheritance as separate ownership by each inheritor, or performing it as a new co-ownership relationship, and is therefore a juristic act aimed at property rights in view of its nature.

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