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(영문) 울산지방법원 2015.07.03 2015가단50179
사해행위취소
Text

1. As to shares of 1/5 of the real estate listed in the separate sheet:

A. Between C and the Defendant on January 16, 2010

Reasons

1. Facts of recognition;

A. A. Around May 8, 2007, the Plaintiff guaranteed C’s obligation to repay the borrowed amount of KRW 40 million to Hyundai Motor Community Credit Cooperatives. The Plaintiff paid KRW 28,177,020 on December 2, 2008 by subrogationing C to the above community credit cooperatives on December 2, 2008 due to a guarantee accident.

B. Since then, the Plaintiff filed a lawsuit against C to seek the payment of outstanding amount of the subrogated payment and interest for arrears with the Busan District Court 2012Kadan80213, and the Busan District Court rendered a judgment that on December 26, 2012, the Defendant paid to the Plaintiff 30,881,516 won and 20,468,940 won per annum from March 1, 2011 to December 7, 2012, and 20% per annum from the next day to December 7, 2012.

The above judgment was finalized on January 11, 2013.

C. D, his mother, owns real estate listed in the separate sheet (hereinafter “instant real estate”), and died on January 16, 2010. D’s heir is a child, E, F, C, Defendant, and G. Each heir’s share in inheritance is 1/5.

On January 16, 2010, D’s successors, including C and the Defendant, inherited the ownership of the instant real estate solely by the Defendant, and entered into an agreement on division of inherited property (hereinafter “instant agreement on division”). On June 1, 2010, the Defendant completed the registration of ownership transfer on the instant real estate due to inheritance by agreement division on January 16, 2010.

E. On January 16, 2010, C had been in excess of its obligation, and C had no particular property except the inheritance share on the instant real estate.

[Based on Recognition: Facts without dispute; Gap evidence 1, 2, 3; Eul evidence 4; fact-finding results with respect to the Nam-gu Office of Ulsan Metropolitan City; purport of the whole pleadings

2. Determination:

A. (1) As seen in the above facts, determination on the claim for cancellation of the instant agreement on division is made (1) prior to the instant agreement on division, as seen in the above facts.

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