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(영문) 광주지방법원 2019.05.02 2019가단420
사해행위취소
Text

1. As to shares of 2/9 square meters in Nam-gu Gwangju Metropolitan City D 116.4 square meters,

A. The Defendant and Nonparty E were concluded on January 25, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff filed an application for payment order with the Gwangju District Court No. 2009 tea 8049 against the Plaintiff. On November 2, 2009, the court ordered the Plaintiff to pay “E shall pay to the Plaintiff 8,622,057 won and 3,404,093 won with the interest of 26% per annum from October 30, 2009 to the date of complete payment.” The above payment order was finalized on December 1, 2009.

B. On January 25, 2018, “F,” the mother of the Deceased, died. On June 5, 2018, the Defendant, E, and H, the husband of the Deceased, prepared a written agreement on the division of inherited property with the content that the Defendant would independently inherit the value of the G and the children of the Deceased (hereinafter “instant real estate”). Accordingly, on June 11, 2018, the Defendant completed the registration of ownership transfer on the instant real estate due to inheritance by agreement division on January 25, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3, 4, 7, and 8, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The agreement on the division of the inherited property established by a fraudulent act is to confirm the ownership of the inherited property by either having all or part of the inherited property owned by each inheritor separately or by performing it as a new co-ownership relationship with respect to the inherited property provisionally owned by co-inheritors upon the commencement of inheritance, and therefore, it is a juristic act the object of which is property right by its nature. Thus, it

(See Supreme Court Decision 200Da51797 delivered on February 9, 2001). On the other hand, the claim of this case against E is the preserved claim of the lawsuit seeking revocation of fraudulent act, and the act of transferring the ownership of the shares in inheritance among the real estate of this case, which is one of its own property under excess of the debt, to the defendant, who is one of its punishment for the division of inherited property, constitutes a fraudulent act with the knowledge that it would prejudice the plaintiff, who is the creditor, unless there are special circumstances.

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