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(영문) 광주지방법원 2014.12.23 2014가단514320
사해행위취소
Text

1. Of each real estate listed in the separate sheet between the defendant and the non-party B, 1/8 shares were concluded on August 24, 2013.

Reasons

1. Basic facts

A. On December 19, 198, the Plaintiff concluded each guarantee insurance contract between C and C with respect to installment sales contract with the Young Automobile Co., Ltd. with the insurance amount of KRW 12.1 million, the insurance period from December 19, 1998 to December 18, 2001, between B and B on May 5, 1999, with the insurance amount of KRW 1,0120,000,000, and the insurance period of May 5, 199 to May 4, 2002, and B guaranteed the obligation owed by C to the Plaintiff under the above guarantee insurance contract.

B. The Plaintiff paid 11,214,149 won according to the contract with C on October 28, 1999, and 10,120,000 won according to the contract with B on March 27, 200, respectively.

C. As D’s father’s death, eight children, who were D’s inheritors, were entitled to a split-off agreement with the Defendant on the inherited property that the Defendant would solely own each of the real estate listed in the separate sheet owned by D (hereinafter “each of the instant real estate”) on August 24, 2013.

The Defendant completed the registration of ownership transfer for each real estate of this case as the registration office of the Gwangju District Court No. 193601, Sept. 27, 2013.

E. At the time of the consultation on division of the above inherited property, B did not have any particular property except for the inheritance shares regarding each of the instant real estate at the time of the consultation on division of the inherited property, and was in excess of the liability due to the Plaintiff’

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4 (including additional numbers), and the fact-finding results to the Ministry of Land, Infrastructure and Transport of this Court, the purport of the whole pleadings

2. The establishment of a fraudulent act and the intention of doing so;

A. The agreement on partition of the inherited property to determine the cause of the claim is to confirm the reversion of the inherited property by either having all or part of the inherited property provisionally owned by the co-inheritors upon the commencement of inheritance as the sole ownership of each inheritor or by performing it as a new co-ownership relationship.

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