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(영문) 인천지방법원부천지원 2019.06.12 2019가단946
사해행위취소
Text

1. It was concluded on July 27, 2018 between the defendant and C with respect to two percent of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On June 21, 2018, the Plaintiff filed a lawsuit against C with respect to the claim for the acquisition amount, and sentenced “the Defendant shall pay to the Plaintiff the amount of KRW 5,402,434 with 17% per annum from October 25, 2003 to June 26, 2008; 20% per annum from the next day to September 30, 2015; and 15% per annum from the next day to the date of full payment.” The above judgment became final and conclusive around that time.

B. Division of the inherited property consultation between the Defendant and C, etc. (1) the network D (hereinafter “the deceased”) died on July 27, 2018, and his/her heir, who is the Defendant, children, E, C, F, and G, who is his/her spouse.

(2) On July 27, 2018, Defendant and E, C, F, and G did not inherit the real estate indicated in the separate sheet (hereinafter “instant real estate”) owned by the Deceased, and the Defendant independently owned and owned the instant real estate, thereby holding the inheritance shares of C, etc. to the Defendant (hereinafter “instant division”) and completed the registration of transfer of ownership under the name of the Defendant under the name of Incheon District Court on August 22, 2018, as follows: (a) the registration of the father branch branch branch of the Incheon District Court and the registration of transfer of ownership under the name of the Defendant was completed.

C. C was insolvent at the time of the instant consultation and division.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Gap evidence 6-1 to 3, Gap evidence 7-1 to 5, the purport of the whole pleadings

2. Determination

A. As seen earlier prior to the establishment of the preserved claim, the Plaintiff’s claim against C had existed prior to the instant agreement division, which becomes the preserved claim in the obligee’s right of revocation.

B. As a matter of principle, a debtor who has already been in excess of his/her obligation has renounced his/her right to inherited property while holding a divided agreement on the division of inherited property, thereby having reduced the joint collateral for the general creditor.

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