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(영문) 인천지방법원 2015.11.27 2015가단8505
사해행위취소
Text

1. It was concluded on August 30, 2014 with respect to shares in 2/9 of each real estate listed in the separate sheet between the defendant and the non-party B.

Reasons

1. Facts recognized;

A. The plaintiff has a claim for reimbursement as stated in the attached Form B with respect to B.

B. B died on August 30, 2014 by his father, who was in a state without any particular active property, and succeeded to each real estate indicated in the separate sheet jointly with the Defendant, who is the mother, D, and E (hereinafter “each of the instant real estate”). From the perspective of the division of inherited property (hereinafter “instant division consultation”), B, through the agreement on division of inherited property, succeeded to the Defendant’s sole ownership of each of the instant real estate.

C. Following the division consultation of this case, the registration of ownership transfer in the name of the Defendant was completed as of October 30, 2014, received on October 30, 2014 from the Incheon District Court, Dongcheon Registry, Incheon District Court (hereinafter “Seoul District Court”).

After the completion of the registration of ownership transfer in the name of the defendant, on November 10, 2014, the establishment registration was completed near the debtor, the mortgagee, the agricultural cooperative, the maximum debt amount, 32.4 million won.

E. Around November 6, 2014, the total market price of each real estate of this case is KRW 82,278,000, which is close to the date of closing the argument of this case.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 2-2, 3-1, 2, 4, 8-1 through 9, and the purport of the whole pleadings

2. Whether the fraudulent act is constituted;

A. According to the above facts of determination as to the cause of the claim, B transferred 2/9 shares of each of the instant real estate, which is one of its sole property, to the Defendant without compensation following the instant partition agreement, barring any special circumstance, the instant partition agreement constitutes a fraudulent act, and the instant partition agreement as to B’s share is presumed to be fraudulent act and the Defendant’s bad faith, which is the debtor, as well as the beneficiary, should be revoked.

B. The defendant's assertion and judgment on this issue are the defendant's purchase of each of the real estate of this case and the trust of title to the deceased C who is the husband.

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