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(영문) 서울북부지방법원 2018.05.15 2016가단148033
사해행위취소
Text

1. The extent of the property inherited from the deceased A, to the Plaintiff:

A. Defendant B: 14,771,316 won and 7,574.

Reasons

1. Of the grounds for the judgment of the claims against Defendant B, D, and E, the facts stated in the relevant part of the claims against the said Defendants do not conflict between the Plaintiff and the said Defendants, or can be acknowledged in full view of the overall purport of the pleadings in each of the evidence set forth in subparagraphs A through 3 (including the number of pages, if any).

According to the above facts, Defendant B, D, and E are obligated to pay the Plaintiff the money set forth in paragraph (1) of this Article within the scope of the property inherited from the network A.

2. Determination of the claim against Defendant C

A. A’s mother, the mother of A, owns real estate listed in the separate sheet (hereinafter “instant real estate”) on November 5, 2014.

Doshe F’s heir had children G, H, Defendant C, and A. However, on May 4, 2015, they agreed on the division of inherited property (hereinafter “instant division agreement”). Accordingly, Defendant C completed the registration of ownership transfer due to the inheritance by agreement division under the Busan District Court’s Busan District Court’s receipt No. 17155 on the instant real property under the same day.

Referencely, at the time of the instant division consultation, Defendant B, D, and E, not only at the time of the instant division consultation, are in excess of their obligations without positive property.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 through 7, the Court Administration Office of this Court, the result of each fact inquiry into the Korea Credit Information Institute, the purport of the whole pleadings

B. (i) As to the determination on the cause of the claim, the agreement on division of inherited property in the legal doctrine is a legal act that establishes the reversion of inherited property by either having all or part of the inherited property, which was provisionally owned by the co-inheritors upon commencement of inheritance, as the sole ownership of each inheritor, or performing as a new co-ownership relationship, and thus, becomes subject to the exercise of the right of revocation of fraudulent act.

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