logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원평택지원 2019.11.28 2019가단51930
사해행위취소
Text

1. It was concluded on November 17, 2017 with respect to E’s inheritance shares among the real estate listed in the separate sheet between Defendant and E.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) E obtained a loan from F Co., Ltd. on May 22, 2017. The Plaintiff was obligated to repay the principal and interest to E, thereby losing the benefit of October 10, 2017 due to the failure to repay the principal and interest, and E was obligated to temporarily repay the amount calculated by adding 27.9% interest rate to the principal. 2) On March 20, 2018, the Plaintiff acquired the claim for the loan to E of the said company from the said company on March 20, 2018. The said company notified the transfer to E and sent the notice to E around that time.

3) As of February 20, 2019, the principal and interest of the above loan claims as of February 20, 2019 are KRW 26,802,972. (b) E’s disposal act is the real estate indicated in paragraph (1) of this case between the Defendant, the mother and the father on November 17, 2017, and the Defendant (hereinafter “instant real estate”).

Of the above, the agreement on division of inherited property to be entered into by the Defendant with the waiver of inheritance shares and the Defendant’s sole inheritance (hereinafter “instant agreement on division of inherited property”).

Accordingly, on November 30, 2017, the Defendant registered the transfer of ownership in his name (hereinafter “instant registration”) on the instant real estate based on the instant agreement on division of inherited property (hereinafter “instant agreement”).

(c) E’s insolvent E had no other asset than the above inheritance shares, and had a considerable amount of debt to financial institutions such as the above loan obligation. [The entry in the evidence A, Nos. 1, 3 through 8, the result of the order of submission of tax information on Pyeongtaek si in this Court, the purport of the entire pleadings, as a whole.

2. Determination

A. According to the fact that the existence of the preserved claim is recognized, since the loan claim of this case that the Plaintiff acquired by transfer occurred before entering into a contract for division of inherited property of this case, the above loan claim can be the preserved claim of the obligee.

B. According to the facts of the establishment of a fraudulent act and the recognition of the intention to commit suicide, E shall enter into the instant agreement on the division of inherited property, which renounces his/her inheritance shares among the instant real estate in excess of debt.

arrow