beta
(영문) 광주지방법원순천지원 2015.05.08 2015가단25

사해행위취소 등

Text

1. Of each real estate listed in the separate sheet between the Defendant and B, 2/15 shares are concluded on October 21, 201.

Reasons

1. Basic facts

A. The Seoul Central District Court Decision 2008Gaso2631401 seems to have been taken over against B from the Korea Exchange Bank (hereinafter “Dongyang”)

On March 25, 2009, the above court made a decision that "B shall pay to the Plaintiff 9,732,943 won and 4,163,324 won with interest rate of 20% per annum from March 19, 2009 to the date of full payment." The above decision was finalized on April 28, 2009.

On July 18, 2013, the Plaintiff was transferred with B’s obligations to social finance from Dongyang-song social grouped around the same day.

B. C died on May 19, 201, and C was jointly inherited each of the real estate listed in the separate sheet owned by C (hereinafter “each of the instant real estate”) by the Defendant (3/15 shares in inheritance), his/her spouse, D, E, F, B, G, and H (2/15 shares in inheritance), who is his/her spouse, C, was jointly inherited.

C. On October 21, 2011, the co-inheritors of C independently inherited each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) and agreed on the division of inherited property (hereinafter “instant agreement on division of inherited property”) by the Defendant. The Defendant, on April 20, 201, caused inheritance by agreement division, but the date of such agreement division recorded in the certified copy of the register, is April 20, 201.

In addition, the registration of ownership transfer was completed on March 30, 2012 by the Hancheon District Court's Netcheon Branch Office of Gwangju District Court No. 7156.

At the time of the consultation on the division of the inherited property in this case, the inheritance shares in each of the real property in this case were the only active property B.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 3 (including vegetable number), Eul evidence 4, and the result of fact inquiry to the Ministry of Land, Infrastructure and Transport of this Court, the purport of the entire pleadings

2. Determination as to the cause of action

A. According to the facts of the recognition of the establishment of the preservation claim, the plaintiff acquired the preservation claim B from the Dongyang-gu social group.