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(영문) 광주지방법원 2018.04.27 2017가단524656
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) On June 30, 2004, the National Bank Co., Ltd. transferred the claim for loans to C to the promotion mutual savings bank, and around that time notified C of the assignment of the claim. 2) The promotion mutual savings bank filed a lawsuit against C on January 12, 2010 (Tgu District Court 2009 Ghana2789), and on January 12, 2010, it was sentenced that “the Defendant paid to the Plaintiff 6,015,823 won and 2,435,101 won with interest of 20% per annum from January 6, 2010 to the day of full payment.” The above judgment became final and conclusive around that time.

3) On June 15, 201, the Promotion Mutual Savings Bank Co., Ltd. transferred the judgment claim against C to the Plaintiff, and notified the transfer thereof. B. C is the Defendants, the other successors, and E (D’s spouse) on June 3, 2016, when the decedent D died.

) An agreement on the division of inherited property with the content that real estate listed in the separate sheet is jointly owned by the Defendants (hereinafter “instant agreement on division”).

(c) The Defendants completed the registration of ownership transfer based on inheritance by agreement division under No. 116707, Jul. 1, 2016, with respect to each of the 1/2 shares in the real estate listed in the separate sheet as to each of the real estate listed in the separate sheet as to July 1, 2016.

2. The establishment of fraudulent act and bona fide defenses;

A. The agreement on the division of the inherited property established by a fraudulent act is to confirm the ownership of the inherited property by either having all or part of the inherited property owned by each inheritor as a sole ownership or by performing as a new co-ownership relationship with respect to the inherited property provisionally owned by co-inheritors upon commencement of inheritance, and therefore, it is a juristic act the object of which is property rights in its nature, and thus, can be the subject of the exercise of the right to revoke the fraudulent act (see Supreme Court Decision 2000Da51797, Feb. 9, 2001). Meanwhile, the debtor may sell and consume real property, which

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