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(영문) 서울북부지방법원 2017.12.14 2017가단3090
사해행위취소 등
Text

1. The inherited property of April 9, 2016 as to shares of 1/5 among each real estate listed in the separate sheet between the defendant and B.

Reasons

1. Facts of recognition;

A. On October 24, 2003, the Plaintiff acquired the entire credit card loans to ELD Card Co., Ltd., and applied for a payment order against B with the Seoul Northern District Court 2016 tea and 50034, and on November 30, 2016, “B” from the above court to the Plaintiff 17% per annum from October 25, 2003 to December 27, 2006, and from the next day to September 30, 2015, the Plaintiff received a payment order with 15% per annum from October 1, 2015 to the date of complete payment.” The above order was finalized on November 29, 2016.

B. If the Plaintiff’s claim against B on the payment basis is calculated as 17% per annum, the payment for delay is calculated as 11,879,951 won as of January 27, 2017 (= Principal KRW 3,649,03 for delay damages of KRW 8,230,918).

C. Meanwhile, C, the owner of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) died on April 9, 2016, and C, the child, D, E, F, B, and Defendant (legal share 1/5) inherited C (hereinafter “the deceased”).

On November 7, 2016, the Defendant completed the registration of ownership transfer on the ground of an agreement on division of inherited property (hereinafter “instant division agreement”) dated April 9, 2016 with respect to each of the instant real property on the grounds of the agreement on division of inherited property (hereinafter “instant division agreement”).

E. B at the time of the instant split-off agreement, each of the instant real estate did not have any other property except the shares of 1/5 (hereinafter “instant inheritance shares”) and was in a state of exceeding obligations.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 14 (including branch numbers), the purport of the whole pleadings

2. Determination

A. (1) The establishment of a fraudulent act (i) the agreement on division of inherited property shall be based on the inherited property, with respect to which inheritance commenced and which has been provisionally owned by co-inheritors, by either having all or part of the inherited property individually owned by each inheritor or having been performed as a new co-ownership relationship

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