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(영문) 창원지방법원진주지원 2017.09.22 2016가단36757
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) filed a lawsuit against B, etc. against the Seoul Central District Court 2012 Ghana97954. On February 20, 2013, the said court rendered a judgment that “B shall pay the amount of KRW 13,803,379 and KRW 4,681,947 as to the amount of KRW 13,80,379 and the amount of KRW 4,681,947 from September 5, 2009 to January 2, 2013, and the amount of KRW 20% per annum from the next day to the date of full payment.” The said judgment became final and conclusive around that time.

B. B and the Defendant died on January 11, 2015. At the time of death, C owned each real estate listed in the separate sheet (hereinafter “each of the instant real estate”). At the time of death, C, a spouse, E, F, Defendant, G, H, and B owned each of the instant real estate listed in the separate sheet (hereinafter “instant real estate”). On April 13, 2015, C and C, including the Defendant and B, made an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”).

3) On April 17, 2015, the Defendant completed the registration of ownership transfer on the instant real estate on January 11, 2015 due to inheritance by agreement division. (c) At the time of the consultation on the division of inherited property B, the property-related B did not have any property other than the portion of inherited property C at the time of the consultation on the division of inherited property of this case. [Grounds for Recognition] The fact that there was no dispute over the inherited property of this case, and the evidence Nos. 1 through 5 (including the serial number,

result of each fact inquiry about the original district court, the District Court Administration, the Korea Credit Information Institute, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. According to the above facts of recognition of preserved bonds, the Plaintiff’s claim of this case against B.

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