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(영문) 인천지방법원 2019.12.11 2019가단241690
부인의소
Text

1. The defendant shall pay 40,66,666 won to the plaintiff and 5% per annum from the day after the day when this judgment became final and conclusive to the day of complete payment.

Reasons

1. Facts of recognition;

A. On February 18, 2013, D died with three children, including the spouse, the obligor A (hereinafter “debtor”) and the Defendant, as the inheritor.

B. On February 18, 2013, the debtor made an agreement on the division of inherited property (hereinafter “instant division agreement”) to which the defendant would inherit his/her share among the real estate listed in the separate sheet (hereinafter “instant real estate”), which is inherited property, with the defendant, and accordingly, the registration for the transfer of ownership in the name of the defendant was completed on the ground of inheritance by agreement division as of March 21, 2013, the Incheon District Court’s registration office No. 16531, Mar. 21, 2013, as of February 18, 2013.

C. At the time of the instant divisional consultation, the registration of the instant real estate was completed on July 25, 2012 by the Incheon District Court’s registry No. 47755, the maximum debt amount of KRW 80,400,000,000, the debtor, the Defendant, and the Industrial Bank of Korea of the mortgagee, but the said establishment registration was revoked on April 5, 2013.

After the completion of the registration of transfer of ownership in the name of the defendant, the registration of the establishment of a neighboring mortgage and the cancellation thereof was completed several times, and the registration of the establishment of a neighboring mortgage and the registration of the cancellation thereof was completed three billion won in total at the present maximum debt amount.

On July 8, 2013, the debtor filed an application for individual rehabilitation with the Incheon District Court 2013da71450, and received the decision of discontinuation on September 24, 2013, on March 23, 2018.

On August 9, 2018, the debtor filed a petition for bankruptcy with the Incheon District Court 2018Hadan1009555, and the above court declared the debtor bankrupt on March 29, 2019, and appointed the plaintiff as the bankruptcy trustee.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to whether the avoidance power is established

A. According to the fact of recognition of the establishment of the right to set aside, the instant agreement constitutes an act of reducing the debtor’s bankruptcy estate.

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