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(영문) 대구지방법원 2018.06.19 2017가단131032
사해행위취소
Text

1. As to shares of 2/19 of the real estate listed in the annex list:

A. It was concluded on June 10, 2016 between the Defendant and B.

Reasons

1. Basic facts

A. On November 28, 2007, the bankruptcy trustee of Korea Deposit Insurance Corporation, Korea Deposit Insurance Corporation, or Korea Mutual Savings Bank, filed a lawsuit against B against Changwon District Court Decision 2007Gau106877, which rendered a favorable judgment on November 28, 2007. The above judgment became final and conclusive on December 19, 2007.

B. On December 20, 2013, the Korea Deposit Insurance Corporation, Korea Deposit Insurance Corporation, Korea Mutual Savings Bank, and Korea Deposit Insurance Corporation, transferred the foregoing judgment claim to the Plaintiff. On March 5, 2014, notified B of the transfer of claim to B.

C. Each real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by C, the father of B. After C’s death on June 10, 2016, the Defendant entered into an agreement on the division of inherited property between the remaining co-inheritors and the deceased on the sole possession of the Defendant’s instant real estate (hereinafter “instant agreement on the division of inherited property”). The Defendant completed the registration of ownership transfer as to the instant real estate on December 30, 2016 according to the said agreement.

On the other hand, B was insolvent from the time of the instant agreement on the division of inherited property to the present.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4 (including each number), Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the fact that the existence of the preserved claim is recognized, the Plaintiff held the claim against B at the time of the agreement on division of the inherited property of this case, and thus the Plaintiff’s claim is subject to the obligee’s right of revocation.

B. As a matter of principle, a fraudulent act committed against a creditor by an obligor in a state of insolvency regarding a fraudulent act, even if the joint collateral against a general creditor has decreased due to waiver of his/her right to the inherited property upon consultation on division of inherited property.

(see, e.g., Supreme Court Decision 2007Da29119, Jul. 26, 2007). B concerns one’s share of inheritance among the instant real estate through the agreement on the division of inherited property.

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