(영문) 의정부지방법원고양지원 2019.10.17 2018가단90127

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(영문) 의정부지방법원고양지원 2019.10.17 2018가단90127

사해행위취소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim against C was transferred from D Bank on July 5, 2013 and from D Card on June 21, 2013 to C, and notified C of the transfer of claims on behalf of each of the above companies, and on October 2, 2018, the total amount of the above loan claims is KRW 89,384,776.

B. Division 1) Network E (hereinafter “the network”) by Defendant and C, etc.

(2) On August 20, 2017, the Defendant, the spouse, and the heir, C, and F, jointly succeeded to the real estate indicated in the separate sheet (hereinafter “instant real estate”) that is inherited property, the heir completed the registration of ownership transfer (hereinafter “instant registration”) to the Defendant on the ground of inheritance due to an inheritance by an agreement division as of April 9, 2018, Korea District Court Decision 38056, which received on April 9, 2018.

3) At the time of the instant consultation and division, C was insolvent. C At the time of the closing of argument, the market price at the time of the instant real estate was KRW 207,50,000. [Grounds for recognition] The fact that there is no dispute, and Gap evidence Nos. 1 through 4 (including serial numbers; hereinafter the same shall apply).

The records in Eul Nos. 1 and 17, the results of this Court's response to financial transaction information to banks, G banks, and the results of inquiry and reply to the Court Administration, the purport of the whole pleadings.

2. Determination

A. Since the existence of the preserved claim against C has existed prior to the instant agreement division, it shall be the preserved claim in the obligee’s right of revocation.

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 the co-inheritors after the commencement of inheritance or by performing it as a new co-ownership relationship with respect to the inherited property, and therefore, it can be the subject of the exercise of the right to revoke a fraudulent act, in view of its nature, since

Supreme Court Decision 2000Da51797 Delivered on February 9, 2001

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