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(영문) 대구지방법원포항지원 2016.08.25 2015가단11333
사해행위취소
Text

1. With respect to shares of 2/9 square meters in Northern-gu B 162 square meters in any port of port:

A. It was concluded on November 13, 2010 between the Defendant and C.

Reasons

1. Facts of recognition;

A. On October 24, 2003, Korea Bank Co., Ltd. (C) transferred the Plaintiff’s credit card loans amounting to KRW 7,432,206 (i.e., the principal amount of KRW 2,465,200 (i.e., KRW 2,465,200) to the Plaintiff. Around that time, the Plaintiff was notified of the assignment of claims. (ii) On December 20, 2006, the Plaintiff filed a lawsuit against Daegu District Court Port Support, seeking the payment of the transfer amount against C, and (iii) was sentenced to the above court’s judgment that “C would pay KRW 2,465,200 to the Plaintiff and its delay damages.” (b) The said judgment became final and conclusive at that time.

B. On November 13, 2010, as the Defendant’s act of disposal of property C, C, D, and E died, the Defendant, C, D, and E entered into an agreement on division of inherited property with the purport that the land indicated in the order that they were owned by the deceased F (hereinafter “the deceased”) was owned by the Defendant (hereinafter “instant land”) (hereinafter “instant agreement on division of inherited property”), and accordingly, the Defendant completed the registration of transfer of ownership (hereinafter “instant registration of transfer of ownership”) for the reason of the agreement on division of inherited property under the Daegu District Court Port Branch on March 15, 201 as the receipt of No. 21900 on March 15, 201.

C. At the time of the conclusion of the agreement on division of the inherited property of this case, C’s financial status had no particular active property at the time of the agreement on division of the inherited property of this case, and there was no obligation against the Plaintiff with the small property.

[Reasons for Recognition] The non-contentious facts, Gap evidence Nos. 1 through 3, the fact inquiry results about North Korea at the time of this court's capture, the purport of the whole pleadings

2. Determination

A. The Plaintiff, at the time of the agreement on the division of the inherited property of this case, already held the claim for the amount of money transferred according to the instant judgment, and thus, the said claim for the amount of money transferred.

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