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(영문) 대구지방법원 포항지원 2018.01.16 2017가단2791
사해행위취소
Text

1. As to the share of 2/13 of the area of 502 square meters in Nam-gu B at the port of port:

A. As to Defendant and Nonparty C, March 30, 2014.

Reasons

1. The National Agricultural Cooperative Federation entered into an agreement with C on the issuance of a credit card and issued a credit card to C, and C lost the benefit of time due to the failure to repay the credit card price upon the expiration of the settlement date.

After March 23, 2005, the National Agricultural Cooperative Federation transferred the credit card use price claim against C to the Plaintiff, and at that time notified C of the transfer of the above credit.

D, his father, died on March 30, 2014, and jointly succeeded by E, C, F, G, and H, who are the defendant and children, the spouse.

D’s above successors, on March 30, 2014, made an agreement on the division of inherited property (hereinafter “instant agreement on division of inherited property”) owned by the Defendant alone at the port, Nam-gu B, Nam-gu, 502 square meters (hereinafter “instant real property”). Accordingly, on May 2, 2014, the Defendant completed the registration of ownership transfer as stated in paragraph (b) of the Disposition No. 1 as to the instant real property.

On the other hand, the Plaintiff filed a lawsuit against the Plaintiff as Daegu District Court racing support 2015 tea1664, and the said court issued a payment order on June 25, 2015, stating that “C shall pay to the Plaintiff 18,205,175 won and 4,628,171 won among them at a rate of 23% per annum from June 17, 2015 to the date of full payment,” and the said payment order became final and conclusive around that time.

C At the time of the agreement on the division of the inherited property of this case, there was no particular property other than the inheritance shares.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. The Plaintiff’s credit card use-price claim against C is created before the division of the inherited property of this case, and thus, the obligee’s right of revocation becomes the preserved claim.

B. At the time of the agreement on the division of inherited property of this case, the intent to commit fraudulent act and to commit suicide C was bearing the above credit card use cost obligation against the Plaintiff.

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