(영문) 전주지방법원 2019.05.17 2018나5259 | 리걸엔진

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(영문) 전주지방법원 2019.05.17 2018나5259

사해행위취소

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1. Revocation of the first instance judgment.

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

A. Defendant D.

Reasons

1. Facts of recognition;

A. F Co., Ltd. transferred D’s credit card payment claim to the Plaintiff, and the Plaintiff filed a lawsuit against D as Seoul Central District Court Decision 2009Da2684112, and on March 12, 2010, the lower court rendered a judgment that “the Defendant would pay to the Plaintiff 34,508,623 won and 12,843,177 won with interest of 18% per annum from October 2, 2009 to the date of full payment.” The lower judgment became final and conclusive on April 23, 2010.

B. On April 30, 2017, the network G, which was referred by D, (hereinafter “the network”) died.

The deceased’s heir had three children, including C and D, who are the spouse. As to each of the real estate listed in the separate sheet, which is inherited property (hereinafter “each of the instant real estate”), on April 30, 2017, on May 17, 2017, the previous Jeju District Court received 7363 status for the registration of ownership transfer in C’s name as a result of the inheritance by consultation division.

【Legal basis for recognition】 Each description of evidence Nos. 1, 2, and 7 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments

A. Since the Plaintiff’s renunciation of his/her inheritance shares in each of the instant real estate, which is the only property of the Plaintiff, constitutes a fraudulent act, and D’s intention to commit suicide and Defendant’s bad faith is presumed, the agreement on division of inherited property concluded between the Defendant and D regarding 2/9 shares in each of the instant real estate (hereinafter “instant agreement on division of inherited property”) shall be revoked. The Defendant is obligated to perform the procedure for registration cancellation of ownership transfer registration with respect to 2/9 shares in each of the instant real estate.

B. The agreement on the division of the inherited property of this case was not a fraudulent act, and D, the debtor, was not insolvent at the time of the agreement on the division of the inherited property of this case, and the defendant was unaware of the creditor at the time of

3. Determination

A. The agreement on division of inherited property has commenced and between co-inheritors.

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