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(영문) 서울북부지방법원 2020.07.07 2019가단114703
사해행위취소
Text

1. It is concluded between the defendant and the non-party B as to each share of 2/9 of the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On November 23, 2011, the Korea Credit Guarantee Fund filed a lawsuit against B for the reimbursement of the amount of reimbursement (No. 201Gada45910 of the District Court) and rendered a judgment against B on November 23, 2011 that “B shall jointly and severally with C Co., Ltd. to the Korea Credit Guarantee Fund as to KRW 20,912,178, and KRW 20,912,135, as to KRW 15% per annum from July 22, 2011 to October 28, 2011, and KRW 20% per annum from the following day to the date of full payment,” and the above judgment was finalized on December 9, 2011.

B. On June 30, 2015, the Korea Credit Guarantee Fund transferred claims based on the said final judgment to the Plaintiff, and notified B of the assignment of claims.

C. D, as referred to in B, died on March 10, 2015, while owning each real estate listed in the separate sheet (hereinafter “instant real estate”). On March 10, 2015, E (the heir 3/9), Defendant, B, and F (the heir 2/9 of each inherited portion), as the heir, entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the content that the Defendant owns the instant real estate solely.

The Defendant completed the registration of transfer of ownership on the instant real estate under the Seoul Northern District Court’s Northern Registry on April 20, 2015, as the receipt of April 20, 2015.

E. B was in excess of obligations at the time of the instant agreement on division of inherited property.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, the fact inquiry results against the Court Administration Office of this Court, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts of recognition as above, the plaintiff's claim against B acquired from the Korea Credit Guarantee Fund was incurred before the agreement on the division of inherited property of this case, and thus, the revocation of the fraudulent act of this case becomes the preserved claim.

B. A debtor who has already been in excess of his/her obligation due to a fraudulent act or an intent to commit a fraudulent act, waives his/her right to his/her share of inheritance while holding a divided agreement on the inherited property.

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