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(영문) 서울중앙지방법원 2016.08.10 2015가단5326900

사해행위취소 등 청구의 소

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Korea Standards Bank, Inc., Ltd., Ltd., for preserved bonds, transferred to the Plaintiff the credit card loan and credit card payment claim as of August 1, 2007, and the sum of principal and interest of each of the above claims as of February 27, 2015, is KRW 67,336,673, as of February 8, 201.

B. (1) D A died on January 12, 2008.

On December 31, 2012, C and Defendant A, the co-inheritors of the deceased, owned by C, and completed the inheritance registration on the date of the agreement on the division of inherited property, among each of the real estate listed in the separate sheet (from the following to the “each of the instant real estate,” but from the next to the “each of the instant real estate,” when they refer to the individual real estate among them, according to the sequence in the separate sheet).

(B) On December 31, 2012, C sold real estate No. 4 and 7 of this case to Defendant B, and completed the registration of ownership transfer on January 9, 2013.

(B) Defendant B sold the instant real estate No. 4 and 7 to E on June 11, 2013, and completed the registration of ownership transfer on June 12, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 (including additional number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff is liable to pay the Plaintiff the amount of compensation for value, as the Plaintiff acquired shares of inheritance exceeding KRW 16,492,675, out of the total amount of the officially announced real estate price in 2012, as the obligor C was insolvent at the time of the instant split-off agreement and the instant sales, and thus, it should be revoked as a fraudulent act. Defendant A is liable to pay the Plaintiff KRW 67,336,673 equivalent to the amount of the preserved claim, as value compensation.

(b).