beta
(영문) 울산지방법원 2018.11.01 2017가단18957

사해행위취소 등

Text

1. It was concluded on January 25, 2013 with respect to 1/5 shares of the real estate listed in the separate sheet between the Defendant and D.

Reasons

1. Under the underlying facts, the facts are acknowledged either in dispute between the parties or in full view of the evidence Nos. 1 to 28, the wooden market for the order to submit a report by this Court, and the purport of the answers and the entire arguments in Chapter E.

A. On July 18, 200, the Plaintiff D (hereinafter “D”) jointly and severally guaranteed F’s obligation for credit card payment (hereinafter “the instant credit card payment”). G Co., Ltd. transferred the instant credit card payment claim to H Co., Ltd. on October 24, 2003, and H Co., Ltd again transferred the instant credit card payment claim to the Plaintiff on the same day. As of November 10, 2017, H Co., Ltd. notified the Plaintiff of the assignment of the said claim as to F Co., Ltd. as to the amount of the credit payment of the instant case as of November 10, 2017 (hereinafter “D”), the amount of the credit payment of KRW 36,008,78 (i.e., principal 10,461,133 won, 25, 547, 655 won). D’s dispositive act was jointly owned by the Defendant’s heir, 201.

A. On January 30, 2013, the Defendant completed the registration of ownership transfer by the Ulsan District Court No. 6588 on the instant real estate due to inheritance following the agreement on division of inherited property.

C. At the time of the instant agreement on the division of the inherited property, D was in excess of its debt, and 1/5 shares in the attached list were the only real estate owned by it.

2. It is reasonable for D to consult on the division of the instant inherited property with the content that D, which is the sole real estate owned by it, waives 1/5 shares out of the instant real estate.