(영문) 서울북부지방법원 2015.11.10 2015가단2895

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(영문) 서울북부지방법원 2015.11.10 2015가단2895

사해행위취소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 24, 2003, the Plaintiff acquired the Plaintiff’s loan claim against Samsung Card Co., Ltd. (the first loan date, May 30, 1998; the starting date of arrears; April 30, 2002), and filed a lawsuit against B as Seoul Central District Court Decision 2010 Ghana1314102. The above lawsuit was initiated against B by public notice. The above court decided on November 26, 2010 that “B shall pay the Plaintiff 10,142,981 won and its related amount from October 25, 2003 to November 24, 2010 to 200, the judgment of the Plaintiff became final and conclusive at the rate of 17% per annum from the next day to the date of repayment, and 20% per annum from the next day to the date of full payment.”

B. On December 28, 2010, the parent network C (hereinafter “the deceased”) of the agreement on the division of inherited property B between the Defendant and B, etc. (hereinafter “the deceased”) died. The deceased’s heir D, B, E, F, G, and the Defendant, as the Defendant’s sole ownership of each of the instant real property (hereinafter “instant division agreement”). On April 22, 2011, the registration of ownership transfer was completed from the deceased on the ground of inheritance under the instant division agreement.

C. According to the fact-finding inquiry about B’s property status at the time of the instant partition consultation with the Minister of Land, Infrastructure and Transport, the inheritance share in the instant real estate appears to have been the sole property B, and the Plaintiff bears the transferee’s obligation as seen earlier (hereinafter “instant obligation”). At the time of the instant partition consultation, the small property was in excess of its obligation in excess of its positive property.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. The establishment of fraudulent act and bona fide defenses;

A. The agreement on the division of inherited property for the establishment of a fraudulent act shall be reached.

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