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(영문) 부산지방법원 2020.08.19 2019가단308187
사해행위취소
Text

1. It was concluded on October 25, 2018 with respect to 3/7 shares of the real estate listed in the separate sheet between the Defendant and D.

Reasons

1. Basic facts

A. On March 7, 2011, the Plaintiff filed a lawsuit against D, E, and F with Busan District Court No. 2010Da140548, the court rendered a judgment that “D, E, and F shall jointly and severally pay to the Plaintiff 43,49,368 won and 25,224,850 won with interest of 19% per annum from May 10, 200 to the date of full payment,” and the above judgment became final and conclusive as it is.

B. On October 25, 2018, the real estate indicated in the separate sheet (hereinafter “instant real estate”) owned a net G (the deceased’s heir, i.e., D and C, who is the husband of the deceased, and C, owned the instant real estate on October 26, 2018 (hereinafter “instant agreement on the division of inherited property”). After the deceased’s death, the registration of ownership transfer was completed on the ground of the instant agreement on the division of inherited property on October 26, 2018 (Provided, That the registration date was listed as “the date of the registration date” July 31, 2018).

C. At the time of the agreement on the division of the inherited property of this case, D' below 3/7 shares in the real property of this case, which are inherited shares in D'.

In addition, there was no other active property (the fact that there was no dispute over the grounds for recognition, the entry of Gap Nos. 1, 3, and 4, the inquiry result of the fact finding to the director of the Busan District Court's Busan District Court's Busan District Court's Seosan Branch's Office, the result of this court's order to submit tax information about the Busan

2. Determination

A. According to the facts of recognition as above, since the Plaintiff’s above Busan District Court Decision 2010Kadan140548 Decided D arising before the division of the inherited property of this case, the obligee’s right of revocation becomes the preserved claim.

B. The agreement on division of the inherited property by fraudulent act and by deceased will is initiated by inheritance and co-inheritors.

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