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(영문) 창원지방법원통영지원 2019.12.11 2018가단27712

사해행위취소

Text

1. Division of inherited property consultation on 2/9 shares among the real estate listed in the separate sheet signed by the Defendant and D on June 28, 2015.

Reasons

1. Basic facts

(a) Before 2012, D has jointly and severally guaranteed the debt of E when E obtains a loan from the F Association.

A On January 25, 2013, the FF Association acquired the bonds owned by D (hereinafter “instant bonds”) through G Co., Ltd.

A received a payment order against D as Seoul Western District Court Decision 2015 tea1529, and on March 6, 2015, the said court ordered D to pay “D shall pay D shall pay D’s 43,912,924 won to A and 15,078,639 won per annum from the day following the delivery of the payment order to the day of complete payment.”

The above payment order was finalized on March 27, 2015.

B. H died on June 28, 2015.

H’s heir had been the Defendant, D and J as the spouse I and children of his female.

On June 28, 2015, the Defendant and the inheritors including D entered into a contract for division of inherited property (hereinafter “instant agreement for division”) with the purport that the Defendant would own the real estate listed in the attached list owned by H solely. Accordingly, the Defendant completed the registration of transfer of ownership under the Defendant’s sole name on July 8, 2015 as to the real estate listed in the attached list owned by H under Article 1921 of the Changwon District Court’s receipt of Tong branch branch support on July 8, 2015.

C. On February 27, 2019, after filing the instant lawsuit, Company A transferred the instant claim to the Intervenor succeeding to the Plaintiff, notified D of the assignment of the said claim on April 25, 2019, and withdrawn from the instant lawsuit, and the Intervenor succeeding to the Plaintiff succeeded to Company A and participated in the instant lawsuit.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, 14, and 15, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Plaintiff’s successor to the instant claim that the Plaintiff succeeded to D had existed prior to the agreement on the instant division.