logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2018.03.20 2017가단9932
사해행위취소 등
Text

1. As to shares 2/19 of the real estate listed in the annex:

A. C and Defendant A entered into on March 23, 2014.

Reasons

1. Facts of recognition;

A. On March 5, 2008, the Plaintiff filed an application with the Busan District Court for a payment order with the Busan District Court’s Dong Branch No. 2008Guj1091, and on March 5, 2008, the court issued an order to pay “C shall pay to the Plaintiff 6,276,776 won and the amount equivalent to 17% per annum from October 25, 2003 to the service date of the original copy of the payment order, and 20% per annum from the next day to the day of complete payment.”

This payment order was served to C on March 31, 2008, and it was finalized on April 15, 2008.

B. D owned the real estate listed in the separate sheet and died on March 23, 2014. At the time, D’s heir was the Defendant A and F, C, G, H, I, J, and K, who is the spouse, and the spouse.

On March 23, 2014, D’s successors, including Defendant A and Defendant C, concluded an agreement on the division of inherited property (limited to the portion made with respect to 2/19, which is the inheritance shares of C and C, among them) to independently own the real estate listed in the attached Form, on March 23, 2014.

C. On February 16, 2017, Defendant A completed the registration of transfer of ownership listed in Section 1-C of the Disposition No. 1 (hereinafter “instant registration of transfer of ownership”). On the same day, Defendant B, who is an son, completed the registration of transfer of ownership listed in Section 1-B of the Disposition No. 1 (hereinafter “the registration of transfer of ownership No. 2”).

On the other hand, C did not have any other property at the time of the instant agreement on division of inherited property.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 3, and 4 (including virtual number), the purport of the whole pleadings

2. Determination

A. According to the above facts, the agreement on the division of inherited property of this case with the content that C, which was insolvent, transfers 2/19 shares among the attached real estate in which C is the sole active property, to Defendant A constitutes a fraudulent act detrimental to C, who is a creditor against C, and it constitutes a fraudulent act detrimental to C’s intention and beneficiary or subsequent purchaser.

arrow