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(영문) 부산지방법원동부지원 2017.05.16 2016가단12450
사해행위취소
Text

1. As to the portion of 1/4 of the real estate listed in the annex:

A. On February 28, 2015, Defendant A and C agreed on the division of inherited property on February 28, 2015.

Reasons

1. Facts of recognition;

A. On March 7, 2007, the Plaintiff filed a lawsuit against C with this court 2006 Ghana 119257, and received the judgment that “C shall pay to the Plaintiff 4,182,630 won and its interest rate of 17% per annum from October 25, 2003 to November 28, 2006, and 20% per annum from the next day to the date of full payment,” and this judgment became final and conclusive thereafter.

B. C’s mother D owned the real estate indicated in the separate sheet and died on February 28, 2015, and Defendant A, E, C, and F, who were their children, concluded an agreement on the division of inherited property to solely own the said real estate on the same day (hereinafter “instant agreement on the division of inherited property”).

C. On July 30, 2015, Defendant A completed the registration of transfer of ownership listed in Section 1(c) of the Disposition No. 1 for the reason of the instant agreement on division of the inherited property (hereinafter “instant registration of transfer of ownership No. 1”), and on the same day, Defendant B, his child, completed the registration of transfer of ownership listed in Section 1(b) of the Disposition No. 1 for the reason of donation on July 30, 2015 (hereinafter “instant registration of transfer of ownership No. 2”).

C At the time of the agreement on the division of inherited property of this case, C was in insolvent with no other property.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (including additional number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the agreement on the division of inherited property of this case with the purport of transferring the inheritance shares of 1/4 among the attached real estate in which C, who was insolvent, as the sole active property, to the defendant, constitutes a fraudulent act detrimental to C, which is the creditor of the plaintiff against C, and it is presumed that C's intention to commit a fraudulent act and the beneficiary or the subsequent purchaser, and that the Defendants' fraudulent act as to

Therefore, barring any special circumstance, the agreement on the division of inherited property of this case made by C and Defendant A with respect to one-fourths of the real estate listed in the attached Form shall be revoked, and the defendant shall be restored to its original state.

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