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(영문) 광주지방법원 2015.08.12 2015가단504962
사해행위취소
Text

1. The inherited property entered into on March 15, 2014 with respect to shares of 1/4 of the real estate listed in the separate sheet between the defendant and B.

Reasons

1. Determination as to the cause of claim

A. In fact, the Plaintiff filed a lawsuit against B for a loan claim with the Seoul Central District Court, and the said court decided that B “B shall pay to the Plaintiff the amount of KRW 22,48,271 and the amount of KRW 4,216,540 in proportion to 20% per annum from November 30, 2001 to the full payment date.” On July 5, 2006, the decision of performance recommendation became final and conclusive, and C, the father of B, died on March 201, and died of each real estate listed in the attached Form (hereinafter “instant real estate”). The inheritor was four children including the Defendant and B, and the Defendant and the Defendant registered as injury on March 1, 2014.

3.15.) The fact that B renounced its shares in the above inherited property B (1/4) and the Defendant agreed on the division of inherited property that B would own with respect to the shares in the above inherited property (1/4), the Defendant completed the registration of ownership transfer based on the agreement on division of inherited property under No. 12036, Sept. 12, 2014, which was received on Sept. 12, 2014; and that B had no other active property except the above inherited property from the time of the agreement on division of inherited property to the present date, is not disputed between the parties, or is recognized by Gap evidence Nos. 1 through 3 (including the serial number, Eul evidence No. 4, and all the arguments.

B. According to the above facts of recognition, the plaintiff is entitled to receive the amount under the decision on performance recommendation as above from B, and since the above claim had already occurred prior to the consultation on division of the above inherited property, it can be a preserved claim for revocation of fraudulent act. The act of transferring the inherited property, which is the only property of B, to another inheritor, through the consultation on division of inherited property, constitutes a fraudulent act, and the intention of death is presumed, barring any special circumstance, the above agreement on division of inherited property between the defendant and B shall be revoked.

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