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(영문) 전주지방법원 2017.09.20 2016가단38728
사해행위취소
Text

1. A contract for the division of inherited property concluded on July 15, 2012 by the Defendant and B with respect to each real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against Samsung Card Co., Ltd. seeking the payment of the acquisition amount against B by acquiring the credit card use price, etc. from Samsung Card Co., Ltd., and this court rendered a judgment on July 10, 2008, stating that “B shall pay to the Plaintiff KRW 31,741,190 and any delay damages therefrom” (2008 Ghana). The above judgment becomes final and conclusive around that time, and the total sum of the principal and interest of the acquisition amount claims pursuant to the above judgment reaches KRW 59,164,769 as of December 26, 2016.

B. On July 15, 2012, C, the mother of B, died on July 15, 2012, and his heir B, and there were B, Defendant, and D. On the same day, the heir agreed on the division of inherited property, including B’s statutory inheritance (1/3 equity) on each real estate listed in the separate sheet owned by C (hereinafter “instant real estate”).

C. Accordingly, on January 15, 2013, the Defendant completed the registration of ownership transfer concerning the instant real estate under Article 596, which was received by the Janananandong registry office of this court on the grounds of inheritance based on the above division agreement.

On the other hand, B did not have any property except for the portion of inheritance regarding the instant real estate at the time of the above division consultation.

[Judgment of the court below] The ground for recognition is without merit, Gap Nos. 1-10 (including a provisional number; hereinafter the same shall apply), the whole purport of the pleading

2. Determination as to the cause of action

A. According to the facts found in the establishment of a fraudulent act 1, B had already been in excess of the obligation at the time of the above division consultation, and following the above division consultation, B renounced the right to his share of inheritance among the real estate of this case, and the Defendant’s sole inheritance of the real estate of this case, thereby reducing its property, thereby making the joint security for the general creditors in short of the total amount of liability, and thus, barring any special circumstance, it constitutes a fraudulent act detrimental to the general creditors including the Plaintiff.

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