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(영문) 대구지방법원경주지원 2015.11.27 2015가단10113

사해행위취소

Text

1. As to 2/9 of the inheritance shares of Nonparty B among the real estate listed in the separate sheet:

A. On December 2010, between the Defendant and B.

Reasons

1. Basic facts

A. On July 30, 2009, the loan of the non-party corporation (the trade name prior to the change, the Pacific Co., Ltd., Ltd., hereinafter referred to as the “Than River loan”) lent KRW 3 million to the non-party B at the loan rate of 36 months, and at the loan rate of 48.96% per annum. Since then, the loan credit of this case (hereinafter referred to as the “the loan credit of this case”) was transferred in sequence to the Plaintiff via LC loan of the non-party corporation, and the assignment of the credit was notified to B on July 18, 2014.

B. On October 28, 2014, the Plaintiff issued and finalized a payment order ordering “6,64,300 won and damages for delay against 2,227,423 won” against B by filing a payment order seeking the payment of the instant loan claim against B.

(Seoul Northern Site Act 2014j. 33222). (c)

Attached Form

The real estate indicated in the list (hereinafter “instant real estate”) was owned by the deceased C (Death around October 201, 201) who is the father of B. Around December 10, 2010, B and the Defendant (B) transferred B’s inheritance shares (2/9) to the Defendant through the agreement on division of inherited property (hereinafter “instant agreement on division of inherited property”), and the Defendant independently completed the registration of transfer of ownership with respect to the instant real estate.

At the time of the agreement on the division of the inherited property of this case, B was in excess of the debt without any specific property other than the inheritance shares of this case.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2 (including numbers), the Ministry of Land, Infrastructure and Transport, and the Korea Federation of Banks, the results of each fact inquiry about the Korea Federation of Banks, the purport of the whole pleadings, the purport of

2. Judgment on the plaintiff's claim

A. According to the facts acknowledged earlier, the act of transferring the inheritance shares of the instant real estate that B could only be the sole property in excess of its obligation constitutes a fraudulent act detrimental to the general creditors, including the Plaintiff, through the agreement on the division of inherited property of this case.