logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.12.30 2014가단226129
사해행위취소
Text

1. On November 22, 2009, between the defendant and B, 2/7 of the Busan Jin-gu C Dae-gu Busan (25.5m2) of the 25m3m2.

Reasons

1. Basic facts

A. On July 9, 2002, the Plaintiff loaned KRW 7,00,000 to B at a rate of 13.9% and at a rate of 19% for overdue interest, the Plaintiff had a claim for overdue interest damages for KRW 9,765,938 as of May 29, 2014 and for KRW 3,457,170 as of May 29, 2014.

B. The father B’s father died and succeeded to the deceased’s property, the Defendant, E, and B, who are the wife of the network D.

(B) Inheritance shares are 2/7).

On November 22, 2009, the deceased’s heir entered into an agreement on the division of inherited property (hereinafter “instant agreement”) with the effect that the deceased will vest in the Defendant of Busan-gu Busan-gu Busan-do Busan-do-25.5 square meters (hereinafter “the instant real property”), which is the only inherited property of the deceased. Pursuant to the agreement, the ownership transfer registration of the Defendant’s name was completed as of August 4, 2010 on the instant real property.

On the other hand, B had been in excess of obligations at the time of the instant agreement on division.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, fact inquiry results against the head of Busan Jin-gu, the purport of the whole pleadings

2. Determination

A. The establishment of a fraudulent act and the agreement on division of inherited property under the beneficiary's bad faith (1) is to confirm the attribution of inherited property by either having all or part of the inherited property provisionally owned by the co-inheritors upon the commencement of inheritance as sole ownership by each inheritor, or by performing as a new co-ownership relationship, and therefore, it can be subject to the exercise of the right to revoke a fraudulent act, as it aims at property rights in its nature. On the other hand, the debtor's act of selling real estate, which is the only property of his/her own, and changing it with or transferring it to another person without compensation, becomes a fraudulent act against the creditor,

arrow