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(영문) 청주지방법원 2017.06.02 2016가단115456
사해행위취소
Text

1. As to 2/9 shares of the real estate listed in the separate sheet

A. The Defendant and Nonparty B concluded on November 5, 2013.

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by C, who is the husband of the Defendant, but C died on November 5, 2013, the Defendant, his/her children D, B, and E, the inheritor, entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”). On March 25, 2014, the Defendant completed the registration of ownership transfer based on the instant agreement on the division of inherited property on March 25, 2014.

B. At the time of the instant agreement on the division of inherited property, the Plaintiff owned KRW 74,414,340 as shown in the attached Table against C’s heir B, as indicated in the attached Table.

C. Meanwhile, at the time of the consultation on division of the instant inherited property, B did not have any particular property other than the inheritance shares among the instant real estate at the time of the consultation on division of the instant inherited property.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 7 (including each number in the case of a tentative number), the purport of the whole pleadings

2. Whether the fraudulent act is constituted;

A. The judgment on the cause of a claim is that the agreement on the division of inherited property with respect to the inherited property, which has been temporarily owned by co-inheritors upon commencement of inheritance, becomes final and conclusive by having all or part of the inherited property, which is provisionally owned by each inheritor, or by performing as a new co-ownership relationship, and therefore, it is a juristic act aimed at property rights in its nature, and thus, can be subject to the exercise of the right to revoke a fraudulent act. Meanwhile, barring special circumstances, barring any special circumstance, the act that the debtor sells real estate, which is the only property of his/her own, and alters to money easily for consumption or transfers it to another person without compensation, becomes a fraudulent act against the creditor. Therefore, the joint security against the

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