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(영문) 서울동부지방법원 2020.12.11 2019가단156206
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff, based on the facts, has a claim of KRW 30 million with respect to E, and the Plaintiff: (a) was owned by F; (b) was dead; and (c) on January 30, 2007, the heir, the Plaintiff entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with D on June 30, 2016; (c) on August 2, 2018, entered into a contract with the Defendant to donate the shares equivalent to his/her share of inheritance (hereinafter “instant agreement on the division of inherited property”); and (d) entered into a contract with D on August 2, 2018, to donate the said share to D with the Defendant (hereinafter “instant agreement on the donation”).

6. The fact that the registration of ownership transfer was completed on the ground of the above donation to the defendant is not disputed between the parties, or it may be recognized by taking into account the whole purport of pleadings as a whole in the entries in Gap evidence 1 and Eul evidence 1.

2. The assertion of the party's own will.

A. Plaintiff E entered into an agreement on the division of the inherited property of this case with the purport of transferring its inherited shares in the instant real estate to D under insolvent, which constitutes a fraudulent act detrimental to the Plaintiff, the obligee, and the instant donation agreement between the said D and the Defendant constitutes a fraudulent act detrimental to the Plaintiff, and thus, each of them constitutes a fraudulent act detrimental to the Plaintiff, and the Defendant is liable to revoke it and pay the Plaintiff the money claimed in the claim

B. The Defendant’s claim for the revocation of the fraudulent act and restitution of the original state of the instant inherited property was filed five years after January 30, 2007, which was the date of concluding the agreement on the division of inherited property, and thus, the exclusion period has exceeded.

There is no intention to understand the defendant and D.

3. At a certain point in the determination of the legitimacy of the instant lawsuit, determination should be made with regard to the legal act constituting a fraudulent act, taking into account the significant impact on the interests between the parties, and it constitutes a fraudulent act.

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