(영문) 전주지방법원 2018.10.10 2016가단31376

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(영문) 전주지방법원 2018.10.10 2016가단31376

사해행위취소

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1. Of the real estate listed in the separate sheet 1, 2, 3, 4, and 5 between the Defendants and D, 1/4 shares of each of the real estate is as of September 4, 2013.

Reasons

1. Facts of recognition;

A. E, as the referor of D, owns each real estate listed in the separate sheet (hereinafter collectively referred to as “each of the instant real estate,” and individually referred to as “the instant real estate 1 through 7”) on September 4, 2013. The Defendants and D are the respective statutory shares of inheritance with children who are the deceased E’s successors.

B. According to the evidence evidence No. 1, around September 4, 2013, the Defendants and D appear to have made an agreement on the division of inherited property between D and the Defendants on April 24, 2014. However, as the grounds for registration are included in the evidence No. 3 and evidence No. 3 (including each number), it is deemed that there was an agreement on the division of inherited property between D and the Defendants on September 4, 2013.

“The instant real estate 1 through 4, 6, 7 was owned solely by Defendant A, and the instant real estate 5 was jointly owned by Defendant B and Defendant C with one-half shares, respectively (hereinafter “instant division agreement”). Accordingly, the registration of transfer of ownership in the name of Defendant A with respect to the instant real estate 1 through 4, 6, and 7 on May 2, 2014, and the registration of transfer of ownership in the name of Defendant B and Defendant C with respect to the instant real estate 5, respectively, was completed in the name of Defendant B and Defendant C.

On May 30, 2014, Defendant A completed on May 30, 2014 the registration of creation of a mortgage of KRW 96 million with respect to the real property of this case 1 through 3.

C. However, at the time of the instant partition consultation, D had no particular property other than the inheritance share of each of the instant real estate, and was liable to the Plaintiff for tax liability of KRW 293,390,620 in total as value-added tax and global income tax.

Meanwhile, as of September 4, 2013, the market price of the instant 1 through 4 real estate is KRW 76,622,820 in total, and the market price of the instant 5 real estate is KRW 23,736,370 in total.

[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence, Eul 1 and 3 evidence.

유사 판례

-전주지방법원 2018. 10. 10. 선고 2016가단31376 판결

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