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(영문) 의정부지방법원 2019.01.22 2017가단25932
사해행위취소
Text

1. On February 7, 2014, the agreement on the division of the inherited property between the Defendant, Nonparty D, and C was reached.

Reasons

1. Facts of recognition;

A. (1) On January 27, 2014, the Plaintiff lent KRW 10,000,000 to Nonparty D, and on June 20, 2014, the Plaintiff again lent KRW 10,000,000 (on a prior basis, KRW 600,000 after deducting KRW 600,000).

The Plaintiff filed a lawsuit against D seeking the payment of KRW 19,40,000,00 for the loan (or KRW 14,60,000,000 for the loans of KRW 14,60,000,000, which was finalized on June 25, 2015, the Defendant paid to the Plaintiff the amount of KRW 14,60,000,000 per annum from February 13, 2015 to the date of full payment).

B. (1) The real estate stated in the separate sheet (hereinafter “instant real estate”) was owned by Nonparty E.

The wife D(E) and the Defendant (E) completed the registration of ownership transfer on October 22, 2009 with respect to one half of the instant real estate on the grounds of inheritance by agreement and division as of October 22, 2009.

On February 7, 2014, the defendant, D, and C (E) drafted an agreement on division of inherited property with the content that the real estate in this case is owned by the defendant.

Applicant The Defendant completed the registration of change of ownership on February 11, 2014 due to inheritance by agreement division as of February 7, 2014 with respect to the instant real estate by using a written agreement on division of inherited property. Accordingly, the instant real estate was entirely owned by the Defendant.

(c)D does not own separate property;

【Evidence A’s Evidence Nos. 1 through 7, witness D, and inquiry result】

2. Determination

A. In the instant case claiming that the agreement on the division of the inherited property held on February 7, 2014 regarding the instant real estate was a fraudulent act, the Defendant asserts that the instant lawsuit was instituted one year after the date on which the Plaintiff became aware of the cause for revocation.

However, the Plaintiff did not file the instant lawsuit only after one year has elapsed since it became aware of the agreement on the division of inherited property as of February 7, 2014. Thus, the above assertion is without merit.

B. Whether a fraudulent act was committed.

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