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(영문) 광주지방법원 2020.05.14 2018가단540433

사해행위취소

Text

1. It was concluded on November 22, 2014 with respect to one-third share of the real estate listed in the separate sheet between the Defendant and B.

Reasons

1. Basic facts

A. On January 26, 2018, the Plaintiff acquired the credit card payment claim from C on May 8, 2008 and September 18, 2007, D Co., Ltd.’s credit card payment claim, credit card payment claim from D Co., Ltd. on May 19, 2008, credit card payment claim from E Co., Ltd. on February 27, 2007, E’s credit card payment claim, and credit card payment claim from E on August 31, 200 and February 7, 2011, and thereafter notified B of the transfer of the credit.

As of November 24, 2018, the Plaintiff’s claim for the transfer money against B is KRW 20,062,137, and KRW 47,868,631 as of November 24, 201, and KRW 67,930,768.

B. On November 22, 2014, G, B, and Defendant (hereinafter each 1/3 of the shares in inheritance) (hereinafter “the instant real estate”) owned real estate indicated in the separate sheet (hereinafter “the deceased”). As the deceased died on November 22, 2014, on November 22, 2014, the Plaintiff entered into an agreement on division of inherited property with the content that the Defendant’s sole ownership of the instant real estate (hereinafter “instant agreement on division”). Accordingly, the Defendant completed the registration of ownership transfer on the instant real estate on July 6, 2015.

C. At the time of the split-off agreement in this case, B had no particular active property except for the 1/3 share in the statutory inheritance of the instant real estate, but did not exceed obligations, such as bearing the obligation to acquire money as above.

[Reasons for Recognition] The absence of dispute, entry of Gap evidence 1 through 21 (including each number), the order of submission of tax information by the director of the North Korean District Tax Office of this Court and the head of Gwangju Metropolitan City North Korean Office to submit tax information, the purport of the whole pleadings

2. The assertion and judgment

A. Since a claim against the existence of a preserved claim against B exists prior to the instant divisional agreement, it shall be a preserved claim in the obligee’s right of revocation.

B. Division consultation of one inherited property with respect to fraudulent act and intent to commit suicide has commenced and among co-inheritors.