(영문) 서울남부지방법원 2019.01.31 2018가단224105

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(영문) 서울남부지방법원 2019.01.31 2018가단224105

사해행위취소

Text

1. It was concluded on May 13, 2014 with respect to shares in 2/9 of each real estate listed in the separate sheet No. 1 list between the Defendant and C.

Reasons

1. The cause of the claim is as shown in attached Form 2;

2. The agreement on the division of the inherited property by judgment is to confirm the reversion of the inherited property by either having all or part of the inherited property, which is a separate ownership by each inheritor, or having been performed as a new co-ownership relationship, upon the commencement of inheritance, as to the inherited property, which is a provisional co-inheritors, and therefore, it is the legal act aimed at property rights in its nature. Therefore, it may be subject to the exercise of the right to revoke a fraudulent act. Meanwhile, barring any special circumstance, the debtor's act of either changing the property, which is one of his sole property, into money that is easily consumed or transferring the property to another person free of charge, constitutes a fraudulent act against the creditor, barring any special circumstance. Thus, even in cases

(see, e.g., Supreme Court Decision 2007Da29119, Jul. 26, 2007). The Defendant is deemed to have led to the confession of the fact of the cause of the Plaintiff’s claim as it did not dispute the cause of the claim as set forth in the foregoing 1.

In addition, according to the purport of this Court's order to submit taxation information to the head of Yeongdeungpo-gu and the entire arguments, C is insolvent.

The agreement on the division of inherited property for 2/9 shares among the real estate listed in the attached list between the defendant and C is a fraudulent act that causes a decrease in common security for general creditors, including the plaintiff, and the intention of C is inferred, and the defendant's bad faith as a beneficiary is presumed.

Therefore, the agreement on the division of inherited property with respect to the above portion of real estate shall be revoked, and the defendant shall be obligated to implement the registration procedure for the transfer of ownership based on the restoration of real name with respect to the said portion

참조판례

-대법원 2007. 7. 26. 선고 2007다29119 판결

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