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(영문) 광주지방법원 2015.05.29 2014가합4462

사해행위취소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. D is the husband of E (the deceased on February 2008, hereinafter “the deceased”). The Defendants are the children of the deceased, and the Plaintiff’s representative director F is the husband of Defendant B.

B. The Deceased was liable to the Plaintiff for the borrowed amount of KRW 2,547,748,147.

D is jointly and severally guaranteed the deceased's above loan obligation, and on June 30, 2006, a promissory note amounting to KRW 2,547,748,147 was issued to the Plaintiff. On the same day, a notary public prepared a notarial deed with No. 2683 on the notarial deed No. 2683, 2006 and granted the execution clause on July 19, 2006.

C. At the time of the deceased’s death, G, H, I, J, K, L, M and Defendants, the deceased’s spouse as the inheritor, and G, H, I, J, K, L, and M were the Defendants. On September 13, 2010, the remaining seven inheritors, other than D and the Defendants, filed a report on the renunciation of inheritance with the Gwangju District Court’s family support, and were adjudicated on October 1, 2010.

Attached Form

Each of the real estate listed in the list (hereinafter referred to as "each of the real estate in this case" and individually referred to as "each of the real estate in this case") was owned by the deceased, and the registration of transfer of ownership was completed in the name of the Defendants on the grounds of inheritance by agreement division, etc. as listed below.

(No real estate Nos. 1, 2, and 9 of this case is known because the date of registration of ownership and grounds for registration are not indicated on the registry). The Defendants in the blank Nos. 1, 2, and 9 of the holder of the ownership registration date on the registration date of ownership division in the attached list Nos. 1, 2, and 1, 3 through 8 of the Defendants on July 29, 2010, the Defendants in the blank No. 9 of the Defendants’ No. 1, 2010

E. Meanwhile, D had more active property than active property at the time of the above consultation division.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. We examine ex officio the legality of the instant lawsuit on the lawfulness of the instant lawsuit.

(a) Lawsuits for revocation of fraudulent act shall be creditors.