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(영문) 창원지방법원 2017.06.01 2016가단104657
사해행위취소
Text

1. As to 1/6 shares of real estate listed in the separate sheet:

A. It was concluded on June 21, 2012 between the Defendant and B.

Reasons

1. Facts of recognition;

A. On September 4, 2008, the Plaintiff (formerly: the Incorporated Finance Corporation) acquired the claim for loans from the bankruptcy trustee of the Korea Deposit Insurance Corporation of the Daeyang Mutual Savings and Finance Company (Seoul Mutual Savings and Finance Company), and as of December 11, 2015, the amount of the claim for loans against the Plaintiff’s B is KRW 18,482,96,00 in total, including the principal balance of KRW 3,364,966, 15,118,000.

B. On the other hand, C died on June 2012, and his heir was the Defendant, B, and four others. On June 21, 2012, the heir agreed on the division of the inherited property, including B’s share of 1/6 of statutory inheritance, with respect to the real estate listed in the separate sheet owned by C (hereinafter “instant real estate”).

C. Accordingly, on March 4, 2014, the Defendant completed the registration of transfer of ownership as stated in Section 1-B of the Disposition on the ground of inheritance due to the above division.

B At the time of the consultation on the division of the above inherited property, the instant real estate in the name of C and the inheritance on the D large scale 33 square meters in Changwon-si was in excess of the debt without any specific property.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 5 (including additional numbers), each fact inquiry results against the head of the Jinhae Gu of this Court, the purport of the whole pleadings

2. Determination

A. According to the above findings of the determination as to the cause of the claim, B had already been in excess of the obligation at the time of the agreement on division of the above inherited property, and following the above consultation, B renounced its right to inherited property among the instant real property, and the Defendant’s sole inheritance of the instant real property, thereby reducing its property, thereby making the joint security for general creditors in short of one story, which constitutes a fraudulent act detrimental to the general creditors including the Plaintiff.

Furthermore, B is at the time of consultation on division of the above inherited property.

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