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(영문) 수원지방법원성남지원 2020.11.24 2020가단201759
사해행위취소
Text

1. As to shares of 1/3 of each real estate listed in the separate sheet:

A. It was concluded on July 1, 2019 between the Defendant and D.

Reasons

1. Basic facts

A. D was terminated due to the failure to repay the principal and interest during a transaction by concluding a credit loan transaction agreement with E Co., Ltd. (hereinafter “E”), and as such, D was liable for the total amount of KRW 20,734,568 around October 31, 2018.

B. The Plaintiff acquired the foregoing claims from E with respect to E, and notified the assignment of claims on November 19, 2018, etc., and D’s debt amount is KRW 26,562,896, supra around January 20, 2020.

C. Meanwhile, on July 1, 2019, the Defendant (1/3 equity), D (1/3 equity), and G (1/3 equity equity) owned each of the instant real estate solely by the Defendant, as the owner of each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) died. Accordingly, on August 2, 2019, the agreement was concluded on the division of inherited property (hereinafter “agreement on the division of inherited property”). Accordingly, the registration of Suwon District Court’s branch branch support and the registration of ownership transfer under the Defendant’s name was completed as of August 2, 2019 as of August 2, 2019.

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

2. Determination on the cause of the claim

A. The Plaintiff asserts that the agreement on the division of inherited property of this case constitutes a fraudulent act against the Plaintiff, and sought the revocation and restitution thereof. As such, D had been in excess of the obligation at the time of the agreement on the division of inherited property of this case, and the fact that there was no particular property other than the above inheritance shares as to each of the real property of this case was acknowledged by considering the overall purport of the pleadings as a whole, as a result of the fact inquiry with respect to the Regu

The defendant was led to confession on the first day of pleading of this Court as to whether the above debt exceeds D and whether it is the only real estate, and then revoked confession that there was other assets than each of the instant real estate, such as passenger cars and operation of a separate place of business.

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