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(영문) 인천지방법원 2019.02.14 2018가단224773
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff filed a lawsuit against the non-party B claiming the acquisition amount of KRW 3,349,834 and damages for delay from January 30, 1999 (Seoul District Court 2008Gapo287243). The above court decided to recommend execution ordering the payment of the above money to the non-party B, and the above decision became final and conclusive.

B. Nonparty D, E, B, F, G, H, I, and Defendant, who died on September 13, 2014, succeeded to the deceased’s inherited property as legal heir according to the statutory inheritance shares. B agreed that the instant real property inherited from the deceased, following an agreement on the division of inherited property (hereinafter “instant agreement”) with the Defendant, etc. on September 13, 2014 (hereinafter “instant agreement”). On November 6, 2014, the Incheon District Court’s receipt of the registration office of the Incheon District Court, was 109854, and completed the registration of ownership transfer in the future of the Defendant due to inheritance by agreement division.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion B was held in order to avoid compulsory execution on the instant real estate as the Plaintiff’s exercise of the right to take over the instant property and the right to delay damages against himself. The instant agreement is a fraudulent act, since it is apparent that the instant agreement inevitably reduces the property of B’s liability and causes the shortage of joint collateral.

B. At the time of the instant consultation, the Defendant did not know that the instant consultation against the Plaintiff constitutes a fraudulent act.

C. Determination 1) According to the facts acknowledged prior to the determination as to the cause of the claim, if B was in excess of the obligation (However, the evidence submitted by the Plaintiff and the appraisal report prepared by the appraiserJ, the inquiry of the Court Administration of this Court into the Court Administration, and even if the written statements in K and L, each of the financial transaction information statements are integrated, the obligation exceeds B.

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