(영문) 수원지방법원성남지원 2015.11.06 2015가단7786

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(영문) 수원지방법원성남지원 2015.11.06 2015가단7786

사해행위취소

Text

1. As to the share of 70/979 out of the real estate listed in paragraph 1 of the attached list between the defendant and B, it is listed in paragraph 2 of the attached list.

Reasons

1. Facts of recognition;

A. B on June 23, 2003, as to the national card, the principal amounted to KRW 5,995,428, and as to the Han Bank, the principal amounted to KRW 1,927,74 on June 12, 2003. 2) The Plaintiff received the above claim against B on October 24, 2003, and notified it.

3) Around April 2008, the Plaintiff filed an application with B for a payment order of KRW 7,923,202 and the payment order of KRW 17% per annum from October 25, 2003 to the delivery date of the payment order, and KRW 20% per annum from the next day to the day of complete payment. The above payment order was served on April 24, 2008 and became final and conclusive on May 9, 2008 (b) B’s disposal disposition B(hereinafter “the deceased”) on January 26, 2011, C (hereinafter “the deceased”) who is the father of B’s disposal disposition 1) B (hereinafter “the deceased”). The inherited property as of January 26, 201 was 35/89 of the real estate listed in the attached Table 1’s list, and 9/400 shares per annum from the next day to the day of complete payment. The inheritance was jointly owned by Defendant D, and the inherited property.

2) On November 4, 2013, the deceased’s successors agree on the division of inherited property (hereinafter “instant agreement on division of inherited property”) with the purport that the remaining successors, including B’s inheritance shares (2/11), shall vest in the Defendant with respect to each of the instant real property (hereinafter “instant agreement on division of inherited property”).

(3) The Defendant completed the registration of transfer of ownership based on the agreement on division of the inherited property of this case as of August 13, 2014, No. 12591, which was received on August 13, 2014.

C. Insolvent B, at the time of the agreement on the division of the instant inherited property, did not have any other property except for the inheritance shares of 2/11 regarding the instant inherited property at the time of the agreement on the division of the instant inherited property, and the small property was insolvent in excess

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The assertion and judgment

A. According to the fact that the existence of the preserved claim is acknowledged, the instant loan claim in the instant case.

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