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(영문) 창원지방법원 2019.01.23 2017가단116695
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On December 11, 2013, the Plaintiff borrowed KRW 6,000,000 from D Co., Ltd. at the maturity of three years and 39% per annum.

B. On March 31, 2014, Co., Ltd. transferred the above bonds to E; on December 24, 2014, Co., Ltd. transferred the above bonds to A Co., Ltd. (hereinafter “A”); and on April 22, 2015, a payment order became final and conclusive to the effect that “A shall pay to A an amount equivalent to KRW 8,955,450, and KRW 6,000,000 per annum from March 18, 2015 to the date of complete payment, with an application for payment order against the Plaintiff.”

C. Each real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by F (the Plaintiff’s father). The F died on April 29, 2017, and the Defendant (the Plaintiff’s mother) completed the registration of ownership transfer on the instant real estate due to an inheritance by agreement division from July 24, 2017 to July 25, 2017.

On October 27, 2017, A asserted that the agreement on the division of inherited property between the Plaintiff and the Defendant regarding the Plaintiff’s share of inheritance among the instant real property constitutes a fraudulent act detrimental to A, a creditor, and filed a lawsuit seeking revocation against the Defendant.

E. On November 24, 2017, the Plaintiff filed an application to commence individual rehabilitation procedures and received a decision to authorize the repayment plan on June 4, 2018 (Seoul District Court Decision 2017Nu29635), and on September 10, 2018, the Plaintiff also included A’s acquired credit in the bond list.

F. This court, after the decision to commence individual rehabilitation procedures, ordered the plaintiff to continue the proceedings ex officio by designating the plaintiff as a litigation receiver of A, as the plaintiff did not take over the procedure of revocation of creditor of this case.

【Fact-founded facts, Gap 1 through 9 evidence, Eul 1 through 7, the purport of the whole pleadings and arguments】

2. The Debtor Rehabilitation and Bankruptcy Act (hereinafter referred to as the "Act") regarding the legitimacy of a lawsuit.

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