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(영문) 수원지방법원평택지원 2015.09.18 2014가단45817
사해행위취소
Text

1. The plaintiff succeeding intervenor's claims against the defendants are all dismissed.

2. The costs of the lawsuit shall be borne by the intervenor succeeding to the plaintiff.

Reasons

1. Basic facts

A. C took out a loan of KRW 28,420,00 from the Korea CTR Bank on January 20, 2009 at the rate of 4 years of loan and 9% per annum.

(hereinafter “instant loan”). (b)

Since then, on December 30, 2009, the instant loan claims were transferred to Korea CTR Capital Co., Ltd. to Korea Asset Loan Management Co., Ltd. on February 19, 2010, to the Plaintiff (Withdrawal) on January 20, 2014, and to the succeeding intervenor through the Green SPS Loan Co., Ltd. on January 2, 2015.

C. On July 16, 2012, when D (hereinafter “the deceased”) who is the owner of each of the instant real estate died on or around July 16, 2012, on July 16, 2012, the Defendants, and five children, including wife E, the Defendants, and C, as co-inheritors, respectively, owned 1/2 shares among the real estate listed in the separate sheet Nos. 1 and 2, and Defendant B decided to own the real estate listed in the separate sheet No. 3 (hereinafter “instant agreement on the division of inherited property”). According to the agreement on the division of inherited property of this case, the registration of ownership transfer was completed in the name of the Defendants as to each of the instant real estate on August 13, 2012.

[Ground of Recognition] Facts without dispute between the parties, Gap's 1 to 5, and Gap's 8 through 10 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The succeeding intervenor asserts that the agreement on the division of the inherited property of this case with the Defendants on the 2/13 shares of his own statutory inheritance among each of the instant real property, which is the only property under excess of the obligation, is a fraudulent act detrimental to the general creditors, including the succeeding intervenor, and thus, the Defendants are liable to pay to the succeeding intervenor the amount stated in the purport of the claim corresponding to the shares of each statutory inheritance, due to the return of the value thereof.

As to this, the Defendants shall receive from the Deceased a donation and testamentary gift, and E and the Defendant B shall increase or maintain the property of the Deceased.

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