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(영문) 서울중앙지방법원 2017.08.11 2015가단105979

사해행위취소

Text

1.(a)

On February 3, 2013, it was concluded on February 3, 2013 with respect to the share of 2/11 of each real estate listed in the attached list 1.

Reasons

1. Facts of recognition;

A. On February 29, 2012, the friendly Savings Bank Co., Ltd. filed a loan claim lawsuit against B on the ground that it jointly and severally guaranteed a credit transaction agreement between the Plaintiff and C Co., Ltd. (hereinafter “the instant credit transaction agreement”), with the Daejeon District Court 2013Kadan48422, the said court rendered a judgment that on February 14, 2014, B shall pay to the said friendly Savings Bank the amount calculated at the rate of 36% per annum from January 31, 2013 to the date of full payment, and the said judgment became final and conclusive around that time.

Then, on March 26, 2015, the Korea Exchange Bank Co., Ltd. transferred the above claims to the Plaintiff on March 26, 2015, and around that time notified B of the assignment of claims.

B. Meanwhile, D, the father of B (hereinafter “the deceased”), died on February 3, 2013, and upon inheritance of the deceased’s property by E, B, F, and G, the spouse of the deceased.

C. On February 3, 2013, the deceased’s heir divided the inherited property by agreement to vest the real estate listed in the separate sheet 1 and 2 (hereinafter “each of the instant real estate”) among the inherited property in the Defendant (hereinafter “instant agreement”). On February 3, 2013, the registration of title transfer in the name of the Defendant was completed as of February 18, 2013 due to the inheritance by self-consultation agreement and inheritance by division on February 3, 2013.

B is in excess of the obligation at the time of the instant agreement division.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 10 evidence (including additional number), the purport of the whole pleadings

2. According to the facts of recognition as above, since claims based on the credit transaction agreement of this case acquired by the Plaintiff accrued prior to the instant agreement division, they constitute preserved claims under the right to cancel fraudulent act.

3. The intention to commit fraudulent acts and to injure himself;

(a) The agreement on division of inherited property under relevant laws shall commence for inheritance.