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(영문) 서울서부지방법원 2018.09.13 2017가단233903
사해행위취소
Text

1. As to shares 2/13 of each real estate listed in the separate sheet:

(a) B B between the Defendant and the Defendant on February 9, 2014.

Reasons

1. Facts of recognition;

A. On November 1, 2007, the Plaintiff filed an order for the payment of indemnity amount with Jinju support 2007 tea3652 against B, and on November 1, 2007, “B shall jointly and severally pay 769,690,150 won to the Plaintiff and 763,883,190 won, and damages for delay among them, jointly and severally upon receiving a payment order from the said court.” On December 7, 2007, the Plaintiff filed an order for the payment of indemnity amount with the Changwon District Court 2017 tea625, and again filed an order for payment of indemnity amount with the said court on November 7, 2017, and became final and conclusive on December 24, 2017.

B. Each real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by the network D (hereinafter “the deceased”). According to the deceased’s death on February 9, 2014, five children including the Defendant and B, who were the wife, including the Defendant and B, have entered into an agreement on the division of inherited property (hereinafter “instant division agreement”) with the effect that the instant real estate, which is the inherited property, was divided into the Defendant on the same day, and completed the registration of ownership transfer under the name of the Defendant on March 20, 2014, based on the grounds for registration.

C. The statutory portion of inheritance B is 2/13 shares, and at the time of the division consultation of this case

There is no particular property in addition to the burden of the obligation of the port.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 7 evidence (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination:

A. As for the establishment of a fraudulent act, the agreement on division of the inherited property 1, which has been concluded by inheritance, becomes final and conclusive by having all or part of the inherited property provisionally owned by the co-inheritors as a sole ownership by each inheritor or as a new co-ownership relationship, the ownership of the inherited property becomes final and conclusive by virtue of its nature, and thus, it can be subject to the exercise of the right to revoke the fraudulent act. Meanwhile, the obligor may sell real property, which is its sole property, and change it into money easily

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