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(영문) 광주지방법원 순천지원 2018.02.07 2017가단1404
사해행위취소
Text

1. It was concluded on December 17, 2012 with respect to the share of 2/11 of the real estate listed in the separate sheet between the Defendant and B.

Reasons

1. Facts of recognition;

A. On May 7, 2015, the Plaintiff filed a lawsuit claiming a loan against B, and rendered a judgment that “B shall jointly and severally pay to the Plaintiff 6,594,090 won and the amount calculated by the rate of 25% per annum from June 9, 2009 to the date of full payment” (the Mineju District Court 2014Da14609). The judgment became final and conclusive around that time.

B. The real estate indicated in the separate sheet (hereinafter “instant real estate”) was owned by E (hereinafter “the deceased”). The Deceased died on June 5, 2012, and the Defendant, children, F, G, B, and H inherited the property as the wife.

On June 5, 2012, the inheritors agreed to divide the inherited property to solely inherit the instant real property (hereinafter “instant division agreement”) and accordingly, on December 17, 2012, the registration of ownership transfer was completed in the name of the Defendant with respect to the instant real property.

C. On February 14, 2013, after completing the registration of ownership transfer under the name of the Defendant, the registration of the establishment of the instant real estate was completed on February 14, 2013, i.e., the mortgagee I and the maximum debt amount KRW 20 million.

B was in excess of the obligation at the time of the instant division consultation, and there was no particular property other than 2/11 shares of the instant real estate to be inherited from the Deceased.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4 through 6, fact-finding results on the mining concession market in this court, the purport of the whole pleadings

2. Revocation of a fraudulent act;

A. According to the facts acknowledged as above, the Plaintiff had a claim against B prior to the instant subdivision agreement, which constitutes a preserved claim against the obligee’s right of revocation.

B. The agreement on division of inherited property 1 by fraudulent act is to confirm the attribution of 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.

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