(영문) 부산지방법원 2016.01.14 2015가단18875

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Reasons

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(영문) 부산지방법원 2016.01.14 2015가단18875

사해행위취소

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1. The agreement on the division of inherited property concluded on January 23, 2012 between the Defendant and B on January 23, 2012 is 22.

Reasons

1. The occurrence of the right to revoke the fraudulent act;

A. (1) The establishment of a fraudulent act is established (1) with respect to B, the Plaintiff: (a) the sum of KRW 727,037,214 (the principal interest of KRW 295,000,000 and KRW 432,037,214 in interest of KRW 00 in interest of KRW 295,00 in interest; and (b) the father C (hereinafter “the deceased”).

(A) On January 23, 2012, the deceased on January 23, 2012 and the heir is the Defendant, B, and E, the wife, and the heir’s share in the inheritance of B is 2/9; B, on January 23, 2012, the division consultation on the deceased’s inherited property (hereinafter “instant agreement on division of inherited property”).

(1) The Defendant renounced his right to his share in the inheritance, and the Defendant renounced each of the real estates listed in the separate sheet of the deceased (hereinafter “each of the instant real estates”).

(2) If a debtor in excess of his/her obligation has renounced his/her right to his/her share of inheritance in consultation on the division of inherited property and thus the joint collateral against a general creditor has decreased, it constitutes a fraudulent act as a matter of principle (see, e.g., Supreme Court Decision 2007Da29119, Jul. 26, 2007). Since (a) the Health Center, B, given up his/her right to his/her share of inheritance in excess of his/her obligation, the total market value of each of the above real estate was 100,000,000,000 won is recognized by comprehensively taking account of the following: (b) there is no dispute between the parties; or (c) the purport of each entry and the entire argument in subparagraphs A through 4 (including the serial number).

Therefore, the Plaintiff may exercise the right of revocation against the Defendant, who is a beneficiary, regarding the agreement for division of inherited property of this case, and seek restitution.

B. The defendant's decision on the defendant's bona fide defense is based on the inherited property of this case.

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