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(영문) 광주지방법원 2018.08.17 2017가단25722
사해행위취소 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 13, 2008, the Dongyang Social Co., Ltd. filed a lawsuit against B against the Gwangju District Court 2008Gaso7396, and on November 13, 2008, the above court rendered a judgment that “B shall pay to the Dongyang Social Co., Ltd. 4,124,148 won and 2,178,668 won with 19% interest per annum from March 7, 2008 to the day of full payment,” and the above judgment became final and conclusive as it is.

B. On November 1, 2010, the Plaintiff acquired the claim against B from the social company of the Eastyang Korea.

C. On October 204, 2004, the registration of ownership transfer was completed in the name of C, the mother of B, and C (hereinafter “the deceased”) died on July 3, 2017. Around August 21, 2017, a child, B, E, F, G, H, I, and the Defendant, who is the Defendant, entered into an agreement on the division of inherited property (hereinafter “instant agreement on division”) with the content that the instant real estate shall be owned by the Defendant. On August 25, 2017, the Defendant completed the registration of ownership transfer on August 25, 2017 as to the instant real estate by agreement division.

[Reasons for Recognition] Evidence Nos. 1 through 3, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. Plaintiff B’s assertion 1) The joint collateral against the general creditor was reduced due to the waiver of the right corresponding to one’s statutory share of the instant real estate, which is one of his own property, in the process of the instant division agreement in excess of debt, and thus, the part relating to the 1/8 share of the instant division agreement, among the instant division agreement, should be revoked as a fraudulent act. (2) The Defendant was a title trust on the instant real estate to the deceased, but the title trust was terminated through the instant division agreement, and the title was restored. As such, the instant real estate is not the co-property but the Defendant’s property.

B. The judgment of the defendant.

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