(영문) 광주지방법원 2019.05.31 2018가단525724

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2019.05.31 2018가단525724

사해행위취소

Text

1. The inherited property concluded on September 17, 2017 between the defendant and C with respect to shares in 2/13 of the real estate stated in the attached list.

Reasons

1. Basic facts

A. On October 12, 200, the Plaintiff lent 18,000,000 won to C at an annual interest rate of 12.9% per annum, and 19% per annum, but C did not repay the remainder after paying only 5,400,000 won.

B. Accordingly, as Seoul Southern District Court Decision 2015 tea60120, the Plaintiff filed an application with the Plaintiff for payment order that “C shall pay to the Plaintiff 15,179,554 won and KRW 12,600,000 per annum from September 24, 2015 to the date of full payment.”

The Seoul Southern District Court issued a payment order to the same purport as above, and the payment order was served on November 18, 2015 to C, and was finalized on December 3 of the same year.

(hereinafter “instant payment order”). C.

C Upon the death of his father D on September 17, 2017, the Plaintiff registered 2/13 (hereinafter referred to as “instant real estate shares”) which is one’s own inheritance shares in the real estate listed in the separate sheet, which is inherited property, on October 23, 2017, through the consultation and division of inherited property.

(hereinafter “instant agreement on division of inherited property”) D.

At the time of the agreement on the division of the inherited property of this case, C did not have any property other than the share of the instant real property.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 2, purport of the whole pleadings

2. According to the above facts of recognition, the Plaintiff already held a claim against C with respect to the instant payment order prior to the agreement for division of the inherited property agreed upon, and thus, is subject to the obligee’s right of revocation.

C It is determined that the act of registering the instant real estate shares, which are one of its sole properties, in accordance with the agreement on the division of inherited property of this case, becomes a fraudulent act against general creditors, and C was aware of the fact that the agreement on the division of inherited property of this case falls short of common creditors including the Plaintiff, due to the agreement on the division of inherited property

유사 판례

-대구지방법원 2017.11.17 2017가단111410

-부산지방법원 2019.06.25 2019가단301254

-광주지방법원 2020.12.18 2020가단525161

-서울중앙지방법원 2018.06.26 2017가단5097022

-대구지방법원 2021.03.05 2020가단135782