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(영문) 수원지방법원 2014.12.24 2013나21151
사해행위취소
Text

1.The judgment of the first instance shall be modified as follows:

Part 2/13 of the real estate listed in the separate sheet between C and D.

Reasons

1. Facts of recognition;

A. On January 15, 2008, the Korea Exchange Bank Co., Ltd. filed a loan claim against the debtor E (representative director D) and D and I, a joint guarantor, with the Seoul Central District Court 2007Da347686, and decided on January 15, 2008 that "the defendant jointly and severally paid to the plaintiff 58,736,382 won and 50,000 won among them, with 17.48% per annum from September 18, 2007 to December 5, 2007, and 20% per annum from the next day to December 5, 2007." The above judgment became final and conclusive around that time.

B. On October 27, 2010, the Plaintiff entered into a contract for asset sales with the Korea Exchange Bank Co., Ltd. and acquired the claim mentioned in the foregoing paragraph. The assignment of the claim was notified to D.

C. D’s denying G (hereinafter “the deceased”) died on February 19, 201, while owning the real estate listed in the separate sheet (hereinafter “the instant real estate”). On January 4, 2012, the deceased’s wife C, children J, K, H, L, and D, the heir of the deceased, entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the content that the said real estate would be owned as the sole ownership of C, the wife of the deceased, and on January 4, 2012, the registration for the transfer of ownership in the name C was completed as of January 5, 2012.

C on October 31, 2012, a child of H (hereinafter “Defendant, etc.”) donated 1/2 shares of the instant real estate to the Defendant and the Selection Party A (hereinafter “Defendant, etc.”). As to each of the said 1/2 shares of the instant real estate, the registration for transfer of ownership in the name of the Defendant and the Selection Party A was completed on November 2, 2012 by the Suwon District Court Heading Registry Office of the Suwon District Court on November 2, 2012.

E. D At the time of the agreement on the division of inherited property of this case, there was no particular property except for the inheritance shares on the instant real property.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The establishment of the fraudulent act (1) is established, and the above facts of recognition exceed the obligation already.

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