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(영문) 대구지방법원 경주지원 2021.02.17 2020가단12731
사해행위취소
Text

1. As to shares of 1/2 of the real estate listed in the separate sheet:

A. It was concluded on March 30, 2020 between Nonparty C and the Defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff filed an application for payment order against Nonparty C with the Seoul Central District Court No. 2017 tea 45455, Sept. 26, 2017 with the purport that “C shall pay to the Plaintiff the amount of KRW 58,289,506 and the amount of KRW 33,312,584 calculated at the rate of 21% per annum from March 13, 2008 to the date of full payment,” and the payment order was served to C on March 28, 2018 and became final and conclusive on April 11, 2018.

B. The real estate listed in the separate sheet (hereinafter “the instant real estate”) was registered in the name D, but on March 30, 2020, D died and jointly inherited the instant property with the Defendant and C (each child, inheritance share 1/2).

(c)

However, there is no property other than the inheritance share on the instant real property, and there was no property in excess of obligations.

C On March 30, 2020, the Defendant agreed on the division of the inherited property (hereinafter “instant agreement on division of inherited property”) with the content that the instant real property is inherited by the Defendant. On June 18, 2020, the Busan District Court received the registry office’s receipt of the instant real property on June 18, 2020, the ownership of the instant real property was transferred to the Defendant under the name of the Defendant under the title of 17893 (the inheritance by agreement on March 30, 2020) (the grounds for recognition). [The grounds for recognition] Each entry in the evidence Nos. 1 and 2, the number of Daegu Metropolitan Cities Office of the Daegu District Court, and the court administrative office, and the entire purport of the pleadings is to be determined.2.

A. According to the above facts, at the time of the agreement on the division of the inherited property of this case, the Plaintiff’s obligation under the payment order against C was already incurred, and thus, it constitutes a creditor’s right of revocation.

B. The agreement on the division of inherited property is to confirm the reversion of inherited property by either wholly or partially owning the inherited property of each heir or performing it into a new co-ownership relationship with respect to which the inheritance commences and which has become a provisional co-ownership between the co-inheritors, and is therefore a juristic act aimed at property rights in its nature.

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