logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2020.05.13 2019가단7326
사해행위취소
Text

It is concluded between the defendant and the non-party D as to 2/11 of the real estate stated in the attached list.

Reasons

1. Basic facts

A. On January 14, 2009, the networkF filed a lawsuit against the non-party D and four other parties, with the Seoul Central District Court Decision 2008Da344196, and sentenced on January 14, 2009, “D et al. shall jointly and severally pay to the networkF the amount of KRW 75 million and KRW 50,000,000 per annum from October 31, 2007 to the date of full payment.” The above judgment became final and conclusive as it is.

On January 10, 2011, the netF applied for a compulsory auction to G of Gwangju District Court on the real estate held by D with the title of execution, and received dividends of KRW 10,895,570 on October 10, 201.

B. On May 21, 2018, the Plaintiff succeeded to the net F, following the death of the net F.

C. On June 3, 2018, when Non-Party D’s father died on June 3, 2018, the Defendant, who is his spouse, the Defendant, J, D, and K, concluded an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the purport that the Defendant would own the real estate, which is the deceased’s inherited property, solely (hereinafter “instant real estate”). On January 2, 2019, the Defendant completed the registration of the transfer of ownership in the name of the Defendant on the ground of inheritance by agreement and division.

At the time of the agreement on the division of the inherited property of this case, D was in excess of its obligation, and there was no particular active property.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including each number), fact-finding results of this court's inquiry into Gwangju market, purport of the whole pleadings

2. Determination on the cause of the claim

A. The agreement on the division of inherited property as to whether a right to revoke a fraudulent act constitutes a fraudulent act is to determine the reversion of inherited property by either having all or part of the inherited property provisionally owned by the co-inheritors upon commencement of inheritance as a sole ownership of each inheritor or by performing it as a new co-ownership relationship. In light of its nature, the agreement on the division of inherited property is a legal act aimed at property rights.

arrow