(영문) 서울남부지방법원 2019.06.13 2018가단257877

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(영문) 서울남부지방법원 2019.06.13 2018가단257877

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Presumed factual basis

A. On July 31, 2017, the Plaintiff acquired the principal and interest claim of D on June 23, 2006 against D Co., Ltd., and D notified C of the said assignment of claims around October 2017.

The Plaintiff filed a lawsuit against C on April 6, 2018 with the Seoul Central District Court rendered a judgment that “C shall pay to the Plaintiff 45,867,374 won and 14,831,203 won with 15% interest per annum from March 24, 2018 to the date of complete payment,” and the above judgment was finalized on May 4, 2018.

B. C upon the death of the mother E on May 8, 2017, upon inheritance of 1/3 of the real estate listed in the attached list owned by E, but the said shares, the sole property of which was transferred to the Defendant, who is another co-inheritors by an agreement on division of inherited property.

Accordingly, the defendant completed the registration of transfer of ownership as stated in the attached list, as stated in the claim.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, 9, Gap evidence 3-1, 2, Gap evidence 23-1 through 13, the purport of the whole pleadings

2. The plaintiff's assertion is a creditor against C, and as the plaintiff transferred the sole property of C to the defendant, who is another co-inheritors by the division of inherited property through the division of inherited property, so the agreement on division of inherited property should be revoked as a fraudulent act. The defendant asserts that C has the obligation to implement the procedure for registration of cancellation of ownership transfer registration

3. Determination

A. The share of the co-inheritors’s share of inheritance, in the absence of a will of the inheritee, is limited to the statutory share of inheritance if there is no will of the inheritee, but is particularly contributed to the maintenance or increase of the inheritee’s property, or specially supported by the inheritee, as inherited property, the amount calculated by deducting the contributory portion from the value of the inheritee’s property at the time of the commencement of inheritance, and is considered as the share of inheritance of the

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