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(영문) 광주지방법원목포지원 2017.05.31 2016가단8105

사해행위취소 등

Text

1. As to shares of 2/19 of each of the real estates listed in the separate sheet:

A. It was concluded on August 10, 2014 between the Defendant and B.

Reasons

1. The indication B of the claim entered into a credit transaction agreement with the two Capitals Co., Ltd. (hereinafter referred to as the "Dual Capitals") and did not repay the loan, and the two Capitals filed a lawsuit claiming the return of loan with the Seoul Central District Court Decision 2014Da24048, Jun. 26, 2015, and thereafter the plaintiff acquired the credit against B from the two Capitals.

However, B entered into an inheritance agreement division contract with the defendant as to 2/19 of each of the real estate listed in the separate sheet, and completed the registration of ownership transfer as stated in the order. This is a fraudulent act detrimental to the plaintiff who is a general creditor of B, and the defendant's bad faith is presumed to be the debtor B and the beneficiary of each real estate listed in the separate sheet.

Therefore, the agreement on division of inherited property concluded between the defendant and B with respect to the share of 2/19 of each of the real estate listed in the separate sheet shall be revoked, and the defendant shall be liable to implement each procedure for registration of cancellation of ownership transfer as described in the separate sheet with respect to the share of 2/19 of each of the real estate listed in

2. Articles 208 (3) 2 and 150 (3) and (1) of the Civil Procedure Act of the applicable provisions of Acts.