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(영문) 부산지방법원서부지원 2020.11.05 2020가단107160
사해행위취소
Text

1. It was concluded on September 17, 2018 with respect to one-fifth share of each real estate listed in the separate sheet between the Defendant and B.

Reasons

Basic Facts

On March 19, 2008, the Plaintiff issued a credit guarantee certificate for loans to the Industrial Bank of Korea. On February 27, 2013, the Plaintiff subrogated to the Industrial Bank of Korea for the total amount of 65,634,248 won of the loan principal and interest.

On September 3, 2018, the Plaintiff filed a claim for reimbursement against B by Busan District Court 2013Kadan221318 and was sentenced to a judgment for the claimant on September 3, 2018.

B’s mother C (hereinafter “C”) died on March 17, 2018, and on September 17, 2018, the Defendant, D, B, E, and F, the inheritor, made an agreement on the division of inherited property on September 17, 2018, with the content that each of the real estate listed in the separate sheet (hereinafter “instant real estate”) as Defendant solely owns.

(The following is the case’s inheritance division consultation). Accordingly, the registration of ownership transfer in the name of the defendant was completed on September 18, 2018 by the Busan District Court Branch Branch No. 41339, Sept. 18, 2018.

At the time of the agreement on the division of the inherited property of this case, B did not own the real property other than the 1/5 shares of the instant real property (hereinafter “instant real property shares”), while G Bank and other financial institutions bear obligations equivalent to KRW 73,703,00 for nine financial institutions.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including a serial number), fraudulent act in light of the purport of the entire pleadings, and the fact of recognition as above, Eul disposed of the real estate shares of this case, which are the only property part of the agreement on the division of the inherited property of this case, while it bears obligations to creditors including the plaintiff. Thus, the agreement on the division of the inherited property of this case is presumed to constitute a fraudulent act as reducing joint security for general creditors, and the defendant's bad faith, which is the debtor, Eul's intention to commit a fraudulent act and beneficiary, is presumed.

As to this, the defendant, at the time of the purchase of the real estate of this case, has borne the funds by the defendant, and C's birth.

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