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(영문) 광주지방법원목포지원 2015.11.30 2015가단52181
사해행위취소
Text

1. It was concluded on December 23, 2013 with respect to 2/15 shares of the real estate listed in the separate sheet between the Defendant and B.

Reasons

1. Basic facts

A. B entered into a credit guarantee agreement with the Plaintiff on April 29, 2008, and obtained a credit guarantee agreement from the Plaintiff as of April 26, 2013 with the guaranteed principal of KRW 40,00,000,000 from the Plaintiff, and obtained the said credit guarantee agreement as a collateral from the NAF’s joint branch office as well as KRW 50,00,000 from the Plaintiff.

B. However, as the Plaintiff delayed the repayment of the above loan, the Plaintiff subrogated for KRW 20,785,631 on March 29, 201 at the request of the joint branch of the Agricultural Cooperatives Federation.

C. Meanwhile, on January 29, 2004, Eul died on the other hand, and the bereaved family was wife D, children E, F, F, Defendant, B, G, and H. D.

However, on December 23, 2013, the said bereaved family members entered into an agreement on the division of inherited property (hereinafter “instant agreement on division”) with the purport that the real estate indicated in the separate sheet (hereinafter “instant real estate”) which is inherited property B, is owned by the Defendant (hereinafter “instant agreement on division”).

E. In addition, on January 10, 2014, B completed the registration of ownership transfer based on the above division consultation in the future against the 2/15 share of the instant real estate (hereinafter “instant real estate share”) which is one’s own share of inheritance among the instant real estate.

F. Around the time of the instant partition consultation, B had no particular property other than the instant real estate share in its own name, whereas B did not have any specific property other than the instant real estate share. On the other hand, the Plaintiff had been liable for the reimbursement of KRW 20 million against the Plaintiff, other than the fact that the Plaintiff had been liable for the reimbursement of KRW 20 million, in arrears with loans and credit card payment liability, and all national and local taxes were in arrears, and thus, was in excess of liability.

[Ground of Recognition] Unsatisfy or entry of Gap evidence 1 through 6 (including branch numbers in case of additional number), the court's order to submit taxation information to the Yeongdeungpo-gu Office of this Court, the whole purport of the pleadings

2. Determination

(a)the debtor, having already been in excess of his/her obligation, has the right to his/her share of inheritance while consulting on the division of his/her inherited property;

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