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(영문) 전주지방법원 2019.08.22 2019가단5996
사해행위취소등
Text

1. On June 10, 2018, the Defendant and Nonparty C concluded on June 10, 201 with respect to 1/3 shares of each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On October 24, 2003, the Plaintiff transferred and acquired the credit for a credit card (loan) against the non-party C with a corporate bank and D Card.

B. On November 22, 2006, the Plaintiff filed a lawsuit against C for the claim for the amount of the assignee fee (the Jeonju District Court 2006Gau106992), and sentenced C to the judgment that “C shall pay to the Plaintiff the amount of KRW 3,153,876 and interest calculated at the rate of 17% per annum from October 25, 2003 to October 19, 2006, and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive around that time.

C. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was owned by the network E. The network E died on June 10, 2018, and the Defendant, C, and F inherited each of the instant real estate.

The Defendant completed the registration of ownership transfer concerning each of the instant real estate on August 2, 2018 according to the agreement on division of inherited property as of June 10, 2018 (hereinafter “instant agreement on division”).

E. C did not have any particular active property except for shares 1/3 equivalent to inheritance shares among each of the instant real estate at the time of the instant agreement for division.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination on the cause of the claim

A. As acknowledged prior to the occurrence of the right to revoke a fraudulent act, C’s renunciation of inheritance shares in each of the instant real estate, the sole property of which is one of its own property through the instant agreement division agreement, in excess of the debt, constitutes a fraudulent act as an act of causing or deepening the shortage of joint security against general creditors including the Plaintiff, and is presumed to constitute a fraudulent act. The intention of the debtor C’s death

Therefore, barring any special circumstance, the agreement between C and the Defendant regarding one-third share of each of the instant real estate should be revoked.

B. The defendant's assertion is determined as follows: C shall be the deceased E-mail.

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