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(영문) 대전지방법원서산지원 2015.01.30 2013가단2971
사해행위취소
Text

1.(a)

On April 5, 2011, Defendant A and Nonparty C with respect to 2/15 shares of each real estate listed in the separate sheet No. 1 list.

Reasons

1. Basic facts

A. On September 2, 2008, the Plaintiff filed a lawsuit with the Suwon District Court for the payment of the acquisition amount against the Plaintiff under the EL branch’s 2008Gau54901, the Plaintiff acquired the loan claims against the non-party C, the Samsung Bank, the Samsung Card Co., Ltd., the Samsung branch, and the foreign credit card Co., Ltd., through the EL branch’s EL branch’s EL branch’s 2008Gau 54901. On September 2, 2008, the judgment was finalized that “C shall pay to the Plaintiff the amount of KRW 13,169,107 with the amount of KRW 17% per annum from October 25, 203 to July 19, 2008, and the amount of money calculated at

B. On April 5, 2011, Nonparty D died, and the inheritor is the wife, Defendant B, Nonparty E, Nonparty C, Nonparty F, Defendant A, Nonparty G, and Nonparty H.

C The share of inheritance is 2/15.

C. On April 5, 2011, the deceased D’s successors entered into an inheritance agreement by agreement division (hereinafter “instant division agreement”). On October 2, 2012, Defendant A completed the registration of transfer of ownership based on the said agreement division as to the real estate listed in the attached list No. 1 among inherited property, and Defendant B completed the registration of transfer of ownership based on the said agreement division as to the real estate listed in the attached list No. 2 among inherited property on the same day.

C At the time of the instant split-off consultation, there was no particular active property except for the inheritance shares in respect of each of the above real estate, whereas at the same time, the Plaintiff was in excess of his/her liability by bearing the above obligation

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 6 through 9 (including each number, hereinafter the same shall apply), Eul evidence 1, and the purport of the whole pleadings

2. The purpose of the agreement on division of the judgment inherited property is to confirm the reversion of the inherited property by either having all or part of the inherited property which became a provisional co-inheritors upon the commencement of inheritance as a sole ownership of each inheritor or performing it as a new co-ownership relationship.

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