(영문) 광주지방법원 순천지원 2018.11.13 2018가단71707

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(영문) 광주지방법원 순천지원 2018.11.13 2018가단71707

사해행위취소

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1. As to 1/7 shares of real estate listed in the separate sheet:

A. Inherited property concluded on May 5, 2017 between the Defendant and B.

Reasons

1. Basic facts

A. The non-party B entered into a credit card transaction agreement with the non-party B, and the plaintiff acquired the credit card payment claim against the non-party B of the foreign exchange bank and the non-party B in accordance with the acquisition and transfer agreement in a successive order as shown below.

B. As of February 1, 2018, the Plaintiff has a claim for the amount of money transferred to B as indicated in the foregoing table, and the Plaintiff filed a lawsuit against B against B against the said amount of money transferred to him/her by the Seoul Western District Court 2014 Ghana58266, and received a favorable judgment on September 18, 2014, and became final and conclusive on November 11, 2014.

(The amount of the claim shall be 17% per annum from July 1, 2003 to the service date of a copy of the complaint; 20% per annum from the next day of service of the copy of the complaint to the day of complete payment; 4,99,98 won per annum from the next day of service of the copy of the complaint to the day of complete payment; 17% per annum from August 1, 2003 to the day of service of the copy of the complaint; 20% per annum from the next day of service of the copy of the complaint to the day of full payment).

Attached Form

The list of real estate (hereinafter “instant real estate”) was owned by the deceased C (hereinafter “the deceased”). The deceased died on October 12, 198, and the deceased’s children were succeeded to D, E, F, G, H, B, and the Defendant.

On May 15, 2017, the inheritors agreed on the division of inherited property to be solely inherited by the Defendant (hereinafter “instant division agreement”) and accordingly, on May 15, 2017, the registration of ownership transfer completed on May 15, 2017 with respect to the instant real property under the receipt of No. 8854 (hereinafter “instant registration of ownership transfer”).

B At the time of the instant partition consultation, there was no particular active property other than the inheritance shares on the instant real estate, and was in excess of the debt.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11, purport of the whole pleadings

2. Revocation of fraudulent act and reinstatement;

A. According to the facts acknowledged earlier, the Plaintiff is the instant case.

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