(영문) 광주지방법원 2020.10.27 2020가단516259

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(영문) 광주지방법원 2020.10.27 2020가단516259

사해행위취소

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The plaintiff's claim against the defendants is dismissed in entirety.

Costs of lawsuit shall be borne individually by each person.

Reasons

1. The Plaintiff asserted that the loan claim against F Bank E was taken over on June 7, 2019, and the above loan claim is KRW 14,304,914 as of April 16, 2020 (principal KRW 8,849,310 + interest KRW 5,455,604).

On the other hand, the deceased G (hereinafter “the deceased”) died and succeeded to E and the Defendants’ property in their respective 1/4 shares. On June 14, 2019, E entered into an inherited property division agreement with the Defendants to have the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the deceased as the Defendants, and on the same day, the registration of ownership transfer was completed in their respective 1/12 shares out of the 1/4 shares of the instant real estate in the name of the Defendants.

However, E results in the reduction of the common obligees including the Plaintiff by completing the registration of ownership transfer with respect to each of the 1/12 shares in the real estate of this case, one-fourth shares, one-fourth shares of which are one-fourth shares of the Plaintiff in excess of the above obligation. This constitutes a fraudulent act, E's intention is recognized as a fraudulent act, and the Defendants' bad faith as beneficiaries is presumed.

Therefore, the agreement on the division of inherited property between the Defendants and E with respect to each of the 1/12 shares in shares in the real estate of this case should be revoked by fraudulent act.

2. According to the records in Gap evidence No. 4, the deceased completed the registration of ownership transfer on May 2, 1997. The deceased's death on June 14, 2019 and the Defendants completed the registration of ownership transfer on the grounds of inheritance as of December 11, 2013. Meanwhile, according to the records in Eul evidence Nos. 1 and 2, the deceased H was married with the deceased I on May 29, 195, and was employed by J, K, L, and M as children, including E, and deceased on May 10, 197, and the deceased and the Defendants were married on August 3, 1970 with the deceased on the ground of the above recognition.

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