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(영문) 대전지방법원공주지원 2015.09.03 2015가단648
사해행위취소
Text

1. On June 9, 201, the Defendant and Nonparty C concluded on June 9, 201 with respect to 2/9 shares of each real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On July 22, 2010, the Plaintiff lent KRW 450,000 to C, and C on the same day, in the event that the Plaintiff fails to perform the repayment of the above loan claims to the Plaintiff, a notary public, who recognizes and acknowledges the absence of objection even if compulsory execution was conducted, set up a notarized deed of the Daejeon General Law Firm No. 1269, the Daejeon General Law Firm No. 1269, a monetary loan agreement for the repayment of the loan to the Plaintiff.

B. On June 9, 2011, the network D died while leaving the Defendant, children, E, C, and F, who are the wife, as inheritor.

C. On June 9, 2011, the above inheritors, including the Defendant and C, concluded an agreement on the division of inherited property (hereinafter “instant partition agreement”) with the purport that each of the real estate listed in the separate sheet (hereinafter collectively referred to as “real estate Nos. 1 through 3”) owned by the network D, shall be owned by the Defendant’s sole owner, according to paragraph (1).

On September 22, 2011, the Defendant completed the registration of ownership transfer based on the instant partition consultation with respect to each real estate of this case.

At the time of the division consultation of this case, C was in excess of positive property more than positive property.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1, Eul evidence No. 2-1, the purport of the whole pleadings

2. The establishment of a fraudulent act;

A. If a debtor in excess of his/her obligation gives up his/her right to the share of inherited property while holding a divided agreement on the division of inherited property and the joint collateral against the general creditors has decreased, such agreement on the division of inherited property by the debtor becomes a fraudulent act against the creditors.

B. As to the instant case, the Minister of Health and Welfare, and C, while holding an agreement on the division of inherited property with the inheritors, including the Defendant, in excess of debt, have waived the share of inheritance (2/9) regarding each of the instant real estate through the division consultation with the Defendant.

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