(영문) 서울중앙지방법원 2017.04.11 2016가단5042858

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(영문) 서울중앙지방법원 2017.04.11 2016가단5042858

사해행위취소

Text

1. As to shares 2/11 of each real estate listed in the separate sheet:

A. On November 21, 2015, between the Defendant and B.

Reasons

1. Facts of recognition;

A. On March 21, 2006, the Plaintiff filed a lawsuit against B seeking the payment of indemnity amount under this court’s 2005da2105079 and was sentenced to the above court’s judgment that “B shall pay to the Plaintiff 20 million won and the amount equivalent to 19% per annum from August 14, 2004 to March 3, 2006, and 20% per annum from the next day to the day of full payment.” The above judgment was finalized on April 12, 2006.

B. The deceased on November 21, 2015, and died, and the deceased’s heir D, E, F, and B were the deceased’s spouse. At that time, the deceased heir agreed to divide the inherited property (hereinafter “instant agreement”) to be inherited by the Defendant solely by the Defendant, including B/11 shares in the statutory inheritance of each of the instant real estate listed in the separate sheet, the ownership transfer registration of which was completed in the name of the deceased C (hereinafter “each of the instant real estate”).

C. On November 21, 2015, the Defendant completed the registration of transfer of ownership (hereinafter “the instant registration of ownership”) on December 8, 2015 due to the inheritance by consultation division on November 21, 2015.

B The net C did not have any property other than the portion of inheritance for each of the instant real property at the time of the death of the deceased, and the substantial value of the said portion of inheritance did not reach the amount of debts under the said A.

[Ground of recognition] The non-contentious facts, Gap evidence 1-2, Gap evidence 1-3-1, 2-2, Gap evidence 4-1, 2, 3, and 4-1, 4-2, the court of this case, the head of Dongjak-gu, the head of Dongjak-gu, and the head of the Korea Credit Information Institute, the purport of the whole pleadings as a whole.

2. Determination

A. The agreement on division of the inherited property to determine the cause of the claim shall vest in the inherited property by either having all or part of the inherited property provisionally owned by the co-inheritors upon commencement of inheritance as a sole ownership by each inheritor, or by performing it as a new co-ownership relationship.

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