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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 인천지방법원 2018.02.28 2017가단227348
사해행위취소
Text

1. As to shares 2/11 of the real estate listed in the Schedule,

A. It was concluded on February 14, 2017 between the Defendant and B.

Reasons

1. Facts of recognition;

(a) A promotional mutual savings bank (hereinafter referred to as "promotion mutual savings bank")

(2) On December 17, 2009, the Seoul Central District Court 2009 Ghana 1924657 filed a lawsuit claiming loans against B, and rendered a judgment that “B shall pay to a promotion mutual savings bank 29,419,90 won and 13,110,92 won, whichever is applicable, the interest rate of 20% per annum from November 4, 2009 to the date of full payment.” The above judgment was delivered to B on January 14, 2010, and became final and conclusive on January 29, 2010.2) The Plaintiff acquired a claim based on the above final judgment from the promotion mutual savings bank on June 15, 201, and notified the credit assignment to B around that time, and also served on B January 27, 2013 the execution clause on the above final judgment.

B. C’s reference to a fraudulent act 1) B is the real estate listed in the separate sheet (hereinafter “instant real estate”).

(C) The deceased on February 14, 2017 (hereinafter referred to as “the deceased”).

(2) As the deceased’s heir, four children, including B, and the wife, were the Defendant. On February 14, 2017, B renounced all the rights to one’s inheritance while holding a divided agreement with the Defendant on division of inherited property, and on February 14, 2017, the registration of ownership transfer was completed for the Defendant on the ground of inheritance by agreement and division (hereinafter “instant inheritance division agreement”).

3) B did not exist at the time of February 14, 2017, and there was no particular active property, unlike the real estate in the instant real estate, for which there was no real estate owned by the principal as of February 14, 2017. [The fact that there was no dispute over the grounds for recognition, the entries in subparagraphs A through 4, the fact inquiry results by the National Court Administration Office, the results of the order to submit tax information in

2. Determination as to the cause of claim

A. According to the facts of recognition as above, the Plaintiff’s above loan (acquisition money) claims against B arose prior to the agreement on division of the inherited property of this case.

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