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(영문) 울산지방법원 2018.05.15 2017가단60156
사해행위취소
Text

1. With respect to 2/9 shares in the real estate listed in Appendix 1:

A. It was concluded on December 7, 2013 between the Defendant and B.

Reasons

1. Facts of recognition;

A. Foreign Exchange Credit Card Co., Ltd. was holding a credit card payment claim against B, and transferred the above claim to the Promotion Mutual Savings Bank, and the Promotion Mutual Savings Bank was rendered a favorable judgment on November 11, 2008, stating that “B shall pay to the Promotion Mutual Savings Bank the amount calculated at the rate of 20% per annum from November 8, 2008 to the day of full payment, as to KRW 4,841,554 and KRW 2,135,37 of these amounts, as to KRW 4,841,554, and KRW 2,135,37.” The above judgment became final and conclusive at that time.

(b) The status B of the promotion mutual savings bank;

The claim of a port was transferred to the plaintiff through the Koro New Loan Co., Ltd. and mentor Han Han-man Limited Company.

C. B and the Defendant jointly inherited the deceased’s property, including the real estate indicated in attached Form 1 (hereinafter “instant real estate”). As the deceased died on December 7, 2013, the deceased’s spouse D (3/9 shares) and B, the Defendant, and E (2/9 shares), who are his/her spouse, were jointly inherited, as well as the deceased’s property.

On March 11, 2014, the successors of the network C, including the Defendant and B, entered into an agreement on the division of inherited property (hereinafter “instant agreement on division”) as shown in attached Table 2, and upon the said agreement on division, the registration of the transfer of ownership in the name of the Defendant (hereinafter “instant registration of transfer”) was made on April 10, 2014 by the receipt number 35396 of this Court on April 10, 2014, with respect to the instant real estate as the grounds for registration.

E. At the time of the instant subdivision consultation, B was insolvent.

[Ground of recognition] Uncontentious facts, Gap evidence Nos. 1, 3 through 5, Eul evidence Nos. 1 through 4 (including cases where there are serial numbers), the inquiry results of the Court Administration of this Court, the order of submission of tax information on the North Daegu Tax Office, and the purport before oral argument

2. The assertion and judgment

A. According to the above facts of recognition of the existence of preserved bonds, the Plaintiff is against B at the time of the instant partition consultation.

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