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(영문) 부산지방법원 2014.06.20 2013가단78446
사해행위취소
Text

1. On February 24, 2013, between the Defendant and B, 2/11 shares in the real estate listed in the separate sheet are concluded.

Reasons

1. Facts of recognition;

A. On January 22, 2013, the Plaintiff filed a lawsuit against B with Seoul Central District Court No. 2011658, the lower court rendered a judgment that “the Defendant shall pay the Plaintiff 26,349,416 won and 10,062,564 won with 19% interest per annum from March 15, 2012 to the date of full payment,” and the said judgment became final and conclusive around that time.

B. C acquired and owned the real estate listed in the separate sheet (hereinafter “instant real estate”) on November 8, 1986, and died on February 24, 2013, and jointly succeeded to the network C by the Defendant and his/her children, who were the wife, and jointly succeeded to the network C.

C. The above co-inheritors, including the Defendant, etc., transfer ownership of the instant real estate to the Defendant [the Plaintiff’s agreement on the division of inherited property as to B’s share of inheritance (2/11) seeking revocation through the instant lawsuit,” and completed the registration of ownership transfer as to the Busan District Court Busan District Court’s Busan District Court’s receipt No. 13052 on March 15, 2013.

At the time of the instant split-off agreement, B was in excess of the obligation.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. 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 has been provisionally owned by the co-inheritors upon the commencement of inheritance, as the sole ownership of each inheritor, or by performing it as a new co-ownership relationship, and therefore, it is a juristic act the object of which is property right by its nature. Thus, it

According to the above facts of recognition, the joint security of general creditors, including the plaintiff, has been reduced by giving up their shares of inheritance on the instant real estate by B, which had already been in excess of the debt, while entering into the instant division agreement, and thus, the instant division agreement.

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