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(영문) 창원지방법원마산지원 2020.07.09 2020가단100799
사해행위취소
Text

1. It was concluded on April 24, 2018 with respect to one-half shares of the real estate listed in the separate sheet between the Defendant and B.

Reasons

1. Facts of recognition;

A. C Limited Liability Company filed a lawsuit against B and the Defendant with the Changwon District Court Decision 2010Da48687, Jan. 18, 201, that “B shall pay the amount of KRW 50,878,227 and KRW 21,505,384 out of the said amount, jointly with B, KRW 7,797,292 out of the said amount and KRW 4,028,154 out of the said amount and KRW 17% per annum from October 1, 2010 to the date of full payment.” The said judgment became final and conclusive on February 23, 2011.

B. On January 26, 2018, the Plaintiff received the transfer of the above claim from C Limited Company and notified B of the transfer of the claim.

C. B and his wife’s children D died on April 24, 2018, and the registration of ownership transfer was completed in the name of the Defendant on the ground that the registration of ownership transfer was completed on June 7, 2018 due to the reason that the Changwon District Court received No. 23671, Jun. 7, 2018 as to the real estate stated in the separate sheet, which was owned D, on April 24, 2018.

D At the time of the death of the co-inheritors, they were the Defendant and B, and at the time of the division of the above inherited property, B was in excess of the obligation.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4

2. Determination

A. According to the above recognition of the existence of the preserved claim, the Plaintiff’s claim against B of the acquisition amount at the time when the agreement on division of the inherited property of this case was reached is the preserved claim against the revocation of the fraudulent act.

B. The agreement on the division of an inherited property established by a fraudulent act is to confirm the reversion of the inherited property by having all or part of the inherited property, which was provisionally owned by the co-inheritors upon commencement of inheritance, as the sole ownership of each inheritor, or by performing as a new co-ownership relationship, and in its nature, it is a juristic act aiming at property rights (see Supreme Court Decision 2000Da51797, Feb. 9, 2001). Therefore, it is subject to the exercise of the right to revoke a fraudulent act. The obligor in excess of the debt already agreed on the division of the inherited property, while holding the division agreement on

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