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(영문) 서울동부지방법원 2016.01.19 2015가단53
사해행위취소 등
Text

1. As to shares 2/15 of the real estate listed in the annex:

A. The Defendant and Nonparty B concluded on October 3, 2012.

Reasons

1. Facts of recognition;

A. The plaintiff filed an application against Eul for an order to pay the credit card payment guarantee debt with the Suwon District Court Branch 2009Guj283, and on June 29, 2009, the above court decided that "the defendant shall pay to the plaintiff 30,912,924 won and 29,962,263 won with the interest of 25% per annum from June 20, 2009 to the date of full payment," and the above decision was delivered to B on August 9, 2009, and became final and conclusive on August 21, 2009.

B. The father C died on October 3, 2012 and jointly inherited his/her property, C’s spouse D/15 shares, E, F, Defendant, G, B, and H shares of 2/15 shares, respectively.

C. On October 3, 2012, the successors of B and C, including the Defendant, agreed upon and divided the inherited property solely inherited by the Defendant on October 3, 2012 (hereinafter “instant real property”). Accordingly, on March 10, 2014, the Defendant completed the registration of transfer of ownership on the ground that the instant real property was divided by agreement on inherited property as of October 3, 2012, the former District Court Decision No. 3100, Mar. 10, 2014.

B was in excess of obligations at the time of the instant agreement division.

E. B As of December 22, 2014, the credit card price guaranteed obligation, which was overdue as of December 22, 2014, reaches KRW 72,753,419, in total, KRW 29,962,263, legal expenses, KRW 50,068, late payment charges, KRW 42,241,08.

[Grounds for Recognition: entry of Gap evidence Nos. 1 through 8, inquiry results of the fact-finding into the Yangyang-gun Office of this Court, the results of the order to submit financial transaction information to the Korea Federation of Banks of this Court, the purport of the entire pleadings]

2. Determination

A. The establishment of a fraudulent act (1) The debtor's act of selling real estate, which is the only property of his own, and replacing it with or transferring it to another person without compensation, becomes a fraudulent act against the creditor, barring any special circumstance.

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