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(영문) 대구지방법원 안동지원 2018.12.21 2018가단21616
사해행위취소
Text

1. As to shares in 2/9 of the real estate listed in the separate sheet:

A. It was concluded on February 18, 2016 between the Defendant and C.

Reasons

1. The following facts of recognition may be found either in dispute between the parties or in the entry in Gap evidence 1 to 9, together with the whole purport of the pleadings:

The Plaintiff’s claim 1) The Plaintiff acquired the entire loan claim against C by G Bank on March 19, 2012 through the order of D, E, and F Co., Ltd., and notified C of the transfer of the claim. Around that time, the Plaintiff notified C of the transfer of the claim. (2) The Plaintiff filed an application against C for the payment order seeking the payment of the above transfer amount with Seoul Southern District Court Decision 2012 tea46775.

Accordingly, on January 8, 2013, the above court issued a payment order stating that “C shall pay to the Plaintiff 25,485,647 won and 8,429,576 won with 20% interest per annum from the day following the service date of the original copy of the payment order until the day of complete payment.” The above payment order was finalized on February 13, 2013.

B. Consultation on division of inherited property 1) Real estate listed in the separate sheet (hereinafter “instant real estate”).

On February 18, 2016, H, who owned H, died of the Defendant (the heir’s share 3/9), his children, I, C, and J (the heir’s share 2/9). 2) On May 12, 2016, the Defendant, I, C, and J, who was the heir of H, completed the ownership transfer registration for the instant real estate on February 18, 2016, based on inheritance by consultation and division (hereinafter “instant ownership transfer registration”).

(C) The agreement on division of the inherited property (hereinafter “instant agreement on division of the inherited property”).

A debt excess C did not own any property other than the inheritance shares of the instant real estate around February 18, 2016, and was in excess of the debt.

2. Determination

A. According to the above fact that the existence of the preserved claim is recognized, the claim that the Plaintiff acquired with respect to C was incurred prior to the completion of the agreement on division of the inherited property of this case and is subject to the obligee’s right of revocation.

(b)one inherited property with intent to commit fraudulent acts and to injure himself.

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