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Reasons
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(영문) 수원지방법원성남지원 2016.10.05 2016가단208845
사해행위취소
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1. As to shares 2/11 of the real estate listed in the Schedule,

A. On March 23, 2015, between the Defendant and B.

Reasons

1. Facts of recognition;

A. B was loaned at the interest rate of KRW 29,00,00 from the Han Savings Bank on March 27, 2013 at the rate of 13.2%, less than three months, less than 23%, more than three months and less than six months, more than 24%, and more than six months and not less than 25%.

On January 19, 2016, Han Savings Bank transferred to the Plaintiff KRW 21,822,591, overdue interest 4,064,134, and other expenses 329,900 as of January 19, 2016. The Plaintiff notified the Plaintiff on March 15, 2016.

B. A father C died on March 8, 2015. On March 8, 2015, C’s heir’s wife, son D, B, E, and F entered into an agreement on the division of inherited property (hereinafter “instant agreement on division of inherited property”) with the purport that the Defendant solely owns the real estate listed in the separate sheet (hereinafter “instant real estate”), which was owned by C, on March 8, 2015, and accordingly, the Defendant completed the registration of ownership transfer (hereinafter “instant registration of ownership transfer”) due to the agreement on division of inherited property (hereinafter “instant agreement”).

C. At the time of the agreement on the division of the inherited property of this case, B did not have any active property other than the shares of 2/11 regarding the instant real property, and there was no obligation to pay the principal and interest of the Plaintiff with the small property.

[Ground of recognition] without any dispute, Gap evidence 1 through Gap evidence 4, Eul evidence 2, Eul evidence 3, fact inquiry result against the Minister of Court Administration, purport of whole pleadings

2. The Plaintiff, at the time of the agreement on division of the inherited property of this case, had a claim for the principal and interest of the loan to B, so the said claim constitutes a preserved claim that can be protected by the obligee’s right of revocation.

The agreement on division of inherited property shall be made with respect to the inherited property which has been provisionally owned by co-inheritors after the inheritance commences.

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