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(영문) 전주지방법원 2019.11.01 2018가단21960
사해행위취소
Text

The inherited property concluded on May 30, 2014 with respect to 2/11 shares of each real estate listed in the separate sheet between the defendant and the net C.

Reasons

The Plaintiff filed a lawsuit against the deceased C (the deceased on September 29, 2018 and the deceased (hereinafter “the deceased”) to the Gwangju District Court (2013da13196), and sentenced that “the Defendant shall pay to the Plaintiff 50,767,120 won and 50,000 won among them, 50,000 won per annum from February 20, 2013 to March 18, 2013, and 20% per annum from the next day to the day of complete payment,” which became final and conclusive on July 3, 2013.

(A) On May 30, 2014, H, the deceased’s 1, 2, and 8-1 of evidence A, died on May 30, 2014 (No. 4-1 of evidence A). The Defendant and the Deceased, on May 30, 2014, entered into an agreement on the division of inherited property (hereinafter “instant agreement division”). The Defendant completed the registration of the transfer of ownership as to the shares of the deceased on October 7, 2014 due to the division of inherited property.

(A) No. 3-2. At the time of the division of the inherited property of this case, 4/63 shares of 16m2 in Kim Jong-si, as well as the above shares in the property under the deceased’s name at the time of division of the inherited property of this case. However, based on the officially announced value, the value is limited to 10,362 won (10,200m2 x 16m2 x 4/63), and there is no other property.

(1) On October 16, 2018, at the time of the division of the inherited property of this case, the joint security for the deceased’s general creditors had not been secured at the time of the division of the inherited property of this case, and the shortage of joint security has been further deepened by the division of the inherited property of this case.

Therefore, the division of the inherited property of this case constitutes a fraudulent act against the general creditors of the deceased (see Supreme Court Decision 2007Da29119, Jul. 26, 2007) and his intention to commit suicide in light of the deceased’s property status, etc.

Therefore, the division of inheritance judgment in this case should be revoked, and the defendant's heir No. 4, E, F, and G No. 8.

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