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(영문) 서울동부지방법원 2016.10.12 2015나27615
사해행위취소
Text

1. The judgment of the first instance court shall be modified as follows in accordance with the purport of the claim arranged in the trial.

Defendant A and C.

Reasons

1. Basic facts

A. The Plaintiff has a claim for the amount of KRW 11,103,180 as well as the amount of KRW 9,90,00 as to KRW 29% per annum from May 8, 2012 to June 20, 2012, and damages for delay calculated at 20% per annum from the next day to the date of full payment.

B. The father D of C died on August 24, 2013. As inherited property, there was real estate indicated in the attached Table (hereinafter “instant real estate”). The heir was Defendant A, F, B, and C, who is the wife E and his/her child.

On August 24, 2013, the above inheritors inherited the instant real estate 8/10 shares, B/10 shares, and B/10 shares, and the remaining inheritors, including C, renounced inheritance, and entered into an agreement on division of inherited property (hereinafter “instant agreement on division of inherited property”). Accordingly, on July 27, 2014, the ownership transfer registration of shares of 8/10 shares and 2/10 shares in B/10 shares was completed.

C. C had no other property at the time of the agreement on division of the instant inherited property, and as well as the above debt to the Plaintiff, Defendant A had the obligation to borrow KRW 115 million.

B The heir died on November 10, 2015, and there was Defendant G, the wife H and ASEAN, but Defendant G succeeded solely by the division agreement of inherited property.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 6-1 through 10, Eul evidence 12, and each fact inquiry reply to the head of Gangdong-gu in the first instance court and the purport of whole pleadings

2. Determination

A. The agreement on division of the inherited property to determine the cause of the claim is to confirm the reversion of the inherited property by either having all or part of the inherited property, which was provisionally owned by the co-inheritors upon the commencement of inheritance, as the sole ownership of each inheritor, or performing it into a new co-ownership relationship, and therefore, it can be subject to the exercise of the right to revoke the fraudulent act, in view of its nature.

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