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(영문) 창원지방법원진주지원 2016.04.07 2015가단850

사해행위취소

Text

1. As to the 2/7 share of each real estate listed in the separate sheet between the Defendant and B, the agreement is concluded on February 25, 2013.

Reasons

Basic Facts

B had any of the following credits, and on October 24, 2003, the ELD Securities Co., Ltd. acquired the claim against B from Samsung Card Co., Ltd., the creditor, and on the same day, the Plaintiff acquired the said claim again from ELD Investment Securities Co., Ltd.

B on February 25, 2013, the father C succeeded to 2/7 of his/her shares in the real estate listed in the [Attachment List] (hereinafter “instant real estate”), which was the only real estate owned by B, and there was no other property for B.

B On February 25, 2013, the mother, the Defendant, the mother of the instant real estate, agreed on the division of inherited property (hereinafter “instant division”) at the intervals of transferring his/her inheritance share among the instant real estate, and on July 4, 2014, the ownership transfer registration for the instant real estate was completed.

Meanwhile, as of August 24, 200 and July 29, 2005, the registration of establishment of each of the instant real estate was completed. However, as of August 24, 2000 as of March 25, 2013, the right to collateral security was revoked on July 14, 2014 (the right to collateral security was revoked on July 14, 2014), and the amount of the secured obligation of the right to collateral security (the right to collateral security was revoked on July 29, 2005) was KRW 7,86,284.

The market price of the instant real estate at the time of November 20, 2015, which is close to the date of closing the argument, is KRW 87,00,000.

[Grounds for recognition] Facts without dispute, Gap's evidence Nos. 1, 2, 4 through 15, appraiser D's market appraisal result, the Korea Federation of Banks in this Court, and the result of the inquiry into the Ministry of Land, Infrastructure and Transport in this Court's response to each order of submission of financial transaction information to Jin-ju Agricultural Cooperatives. As a result of the fact inquiry into the Ministry of Land, Infrastructure and Transport of this Court on the ground of the overall purport of the pleadings, the agreement on division of inherited property with respect to the inherited property, which was provisionally owned by coinheritors, shall belong to the inherited property by either