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(영문) 서울남부지방법원 2014.11.28 2014가단204301
사해행위취소
Text

1. As to shares of 2/9 of each of the real estates listed in the separate sheet:

A. On April 1, 2013, between the Defendant and Nonparty B.

Reasons

1. Basic facts

A. On June 2003, according to the credit guarantee agreement entered into with Nonparty C, the Plaintiff paid C’s debt by subrogation, and around May 2007, applied for payment order to B as Seoul Western District Court 2007Guj8237 against the Plaintiff’s joint and several liability joint and several liability under the said credit guarantee agreement. On June 27, 2007, the Plaintiff received payment order to the effect that “B shall pay to the Plaintiff damages for delay for KRW 27,123,144 and for KRW 26,862,834 among them,” and the above payment order was finalized on July 19, 2007.

B. Nonparty F, who is the father of the Defendant’s husband, B, D, and E (hereinafter “B, etc.”) died on or around April 1, 2013, and the Defendant, the inheritor, and B, etc., made an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the purport that each of the real estate listed in the separate sheet (hereinafter “instant real estate”) as inherited property belongs to the Defendant’s sole ownership.

C. On July 15, 2013, the Defendant completed each registration of ownership transfer on the instant real estate on the ground of the agreement on division of the instant inherited property.

B, at the time of the agreement on the division of the instant inherited property, did not own any property other than the inheritance shares on the instant real property, while at the same time, he was liable for the amount of KRW 100 million, including the above debt against the Plaintiff.

[Grounds for Recognition: Facts without dispute, entry of Gap 1-4 evidence (including each number), the purport of the whole pleadings]

2. Determination:

A. According to the facts of recognition as above, a claim based on the payment order issued by the Plaintiff against B is a claim arising before April 1, 2013, for which the agreement on division of the inherited property of this case was reached, and thus, a creditor’s right of revocation becomes a preserved claim.

B. The agreement on the division of the inherited property established by a fraudulent act shall be either wholly or partially owned by each inheritor, or newly owned by each inheritor, with respect to the inherited property provisionally owned by co-inheritors upon the commencement of inheritance.

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