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(영문) 대구지방법원포항지원 2016.10.20 2016가단100070

사해행위취소

Text

1. As to shares of 1/4 square meters in Northern-gu B 204 square meters in a port of port:

A. Inherited property concluded on February 20, 2012 between the Defendant and C.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) Busan 2 Mutual Savings Bank (hereinafter “ Busan 2 Mutual Savings Bank”)

(C) On November 29, 2006, the above court received a decision of performance recommendation from Busan 2 Mutual Savings Bank and its late payment damages for the said Mutual Savings Bank and its late payment damages. On December 16, 2006, the above decision of performance recommendation became final and conclusive as it was on December 16, 201 ( Daegu District Court Decision 2006Gau172148). The Busan 2 Mutual Savings Bank transferred the Plaintiff the obligation to acquire the money to the Plaintiff on August 26, 201, and in lieu of the notification of the assignment of the credit amount, the fact of the assignment of the credit amount was publicly announced in Korean economic newspapers, daily economic newspapers, etc.

(B) The claims that the Plaintiff acquired from Busan 2 Mutual Savings Bank (hereinafter referred to as the “instant claim for the acquisition of the shares”).

C’s act of disposal of property C and E, the father of the Defendant (hereinafter “the deceased”), died on February 20, 2012, and inherited the deceased’s property 1/4 equity shares. The inheritor, C, the Defendant, F, and G, who were their inheritors, entered into an agreement on the division of inherited property with the content that the land entered in the order of ownership of the deceased (hereinafter “instant land”) was solely owned by the Defendant (hereinafter “instant agreement on division of inherited property”). Accordingly, the Defendant completed the registration of ownership transfer (hereinafter “the instant registration of ownership transfer”) based on the agreement on division of inherited property (hereinafter “instant agreement”). < Amended by Act No. 1156, Apr. 5, 2012>

C. Around the time of the agreement on the division of the instant inherited property, at the time of the agreement on division of the instant inherited property, C did not have any active property other than 1/4 shares out of the instant land inherited from the deceased, and it did not constitute a small property against the Plaintiff.