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(영문) 대전지방법원천안지원 2015.04.08 2014가단104199
사해행위취소
Text

1. As to the share of 2/11 out of 467 square meters in Dong-gu, Nam-gu, Dong-gu, Incheon Metropolitan City:

A. It was concluded on January 28, 201 between the Defendant and C.

Reasons

1. Facts of recognition;

A. At the time of January 28, 201, the Plaintiff had a claim for the judgment amounting to C (26,051,936 won and the total amount of money calculated by each ratio of 25% per annum from April 30, 1999 to December 24, 2002) finalized by Seoul Central District Court 201Ga261988 with respect to C as of January 28, 201.

B. On January 28, 2011, D: (a) died with a spouse, lineal descendants E, F, C, and G; (b) on January 28, 201, the said inheritors, including the Defendant and C, made an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the content that the said inheritors, including the Defendant and C, own the size of B large 467 square meters (hereinafter “instant real property”) in the Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, where D owned on January 28, 2011.

Accordingly, the defendant completed the registration of ownership transfer on June 14, 201.

C. At the time of the division consultation of the inherited property of this case, C did not have any property.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 8 (including branch numbers, if any) and the purport of whole pleadings

2. According to the facts found in the judgment on the cause of the claim, the plaintiff may exercise his right of revocation in order to preserve the above judgment amount claim against C, and the agreement on the division of inherited property to vest 2/11 of his/her inherited shares among the real estate in this case in excess of his/her obligation belongs to the fraudulent act detrimental to the general creditors including the plaintiff, barring any special circumstance, and it is presumed that C's intention to deliberate on it is presumed and the defendant's bad faith as the beneficiary is presumed.

3. On the judgment of the defendant's assertion, the defendant donated the above amount equivalent to C in such a way that the land owned by D was transferred to the apartment site before D's death as compensation to C's creditors for repayment in lieu of C, and C's right to the real estate of this case, which is inherited property, to other inheritors instead.

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