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(영문) 수원지방법원 2018.02.22 2016가단43717
사해행위취소등(가액배상)
Text

1. The inherited property concluded on August 16, 2016 with respect to one-third share of the real estate listed in the separate sheet between the defendant and B.

Reasons

Facts of recognition

A. After having taken over claims against Cho Heung Bank, El branch card, and foreign exchange card B, the Plaintiff filed a lawsuit against Suwon District Court No. 2009 Ghana10558.

On December 15, 2009, the above court rendered a ruling that "the defendant shall pay to the plaintiff 3,162,090 won with 17% interest per annum from October 25, 2003 to September 5, 2009, and 20% interest per annum from the next day to the day of full payment." The above ruling was finalized on January 6, 2010.

B. On June 9, 2014, C, his father, died on June 9, 2014, and succeeded to each of the 1/3 shares of the real estate listed in the [Attachment B, Defendant, A, and D, inherited property (hereinafter “instant real estate”).

On August 17, 2016, the Defendant completed the registration of transfer of ownership on the instant real estate on August 16, 2016 due to the consultation and division of inherited property.

C. As to the instant real estate, on May 4, 1999, the registration of the establishment of a mortgage in the Korea Housing and Commercial Bank Co., Ltd. was revoked on the same day on August 17, 2016, and the actual amount of the secured debt was KRW 4,388,762.

The value of the instant real estate is KRW 59 million. D.

B was in excess of the obligation around August 16, 2016, and there was no particular property among the pertinent real estate except inheritance shares.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 6, Eul evidence No. 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the Plaintiff’s agreement on the division of inherited property to waive rights corresponding to his/her statutory share of inheritance among the instant real estate, the only property, even though the Plaintiff had been liable for debts, constitutes a fraudulent act to reduce the obligee’s property, barring special circumstances.

In addition, B is a divided consultation of this case.

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