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(영문) 서울동부지방법원 2018.06.21 2017가단134967
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff has a claim for judgment on D with the amount of KRW 1,042,889,825 as well as KRW 400,955,649 as well as the amount of KRW 20% per annum from April 3, 2015 to the date of full payment.

B. After D’s father E died on December 25, 2016, on June 21, 2017, E’s wife A with respect to each of the land and buildings listed in the separate sheet that was the deceased’s property on June 21, 2017, E’s wife B, and C with respect to each of the 1/2 shares, and each of the 1/4 shares, due to inheritance due to each consultation or division.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, purport of whole pleadings

2. The Plaintiff asserts that, at the time of the agreement on the division of inherited property of this case, D, a co-inheritors, who had already been in excess of the debt at the time of the agreement on the division of inherited property of this case, renounced the right to the instant real estate, which is the sole property owned by himself, and thus, joint collateral against creditors including the Plaintiff, should be revoked as a fraudulent act.

In full view of the purport of evidence No. 1, D’s declaration of renunciation of inheritance on February 27, 2017, and D’s declaration of renunciation of inheritance on June 2, 2017, and the above judgment becomes final and conclusive around that time. The renunciation of inheritance does not constitute “legal act related to property” under Article 406(1) of the Civil Act, and thus cannot be subject to revocation of fraudulent act (see Supreme Court Decision 2011Da29307, Jun. 9, 201). The Plaintiff’s claim of this case is without merit.

3. If so, the plaintiff's claim against the defendants in this case against the defendants is dismissed as it is without merit. It is so decided as per Disposition.

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