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(영문) 대구지방법원 김천지원 2018.04.11 2017가단34390
사해행위취소
Text

1. It was concluded on February 10, 2015 with respect to 2/9 shares of each real estate listed in the separate sheet between the Defendant and B.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against B for the claim for reimbursement of the Daegu District Court 2005Gaso874 and subsequently won the lawsuit for the extension of prescription, and thereafter filed a lawsuit for the claim for reimbursement of the amount of reimbursement of 2015Gaso26308 with the Seoul Central District Court. On January 26, 2015, the said court rendered a recommendation of performance with the purport that “B shall pay to the Plaintiff the amount calculated at the rate of 20% per annum from April 28, 2006 to the date of full payment, as regards KRW 25,350,650, and KRW 11,231,111, as to KRW 25,350, as well as KRW 11,231,11.” The said decision became final and conclusive on February 12

B. On the other hand, C died on July 31, 2009, and C, the inheritor (the deceased’s wife) and D, E, and B (the deceased’s children) agreed on the division of inherited property solely owned by the Defendant on February 10, 2015, each of the real estate listed in the separate sheet, which is inherited property (hereinafter “each of the instant real estate”).

C. B did not have any other active property at the time of the above division consultation, and was in excess of the debt.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap 1 through 20 evidence, the Court Administration, the Daegu District Court Administration, and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the act of B, at the time of the agreement on division of inherited property, giving up one’s own shares in the inheritance of each of the instant real estate at the time of the agreement on division of inherited property, constitutes a fraudulent act detrimental to the general creditors including the Plaintiff by reducing responsible property. In such a case, the Defendant, who is the beneficiary, was presumed to have been aware that the said act was a fraudulent act. As such, the agreement on division of inherited property concluded on February 10, 2015 with respect to 2/9 shares out of each of the instant real estate, is revoked, and the Defendant is obligated to implement the registration procedure for transfer of ownership

3. On the judgment of the defendant's assertion, the defendant is merely a person who acquired each real estate of this case in the name of C, and the defendant's own right from the beginning of this case.

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