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Reasons
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(영문) 서울남부지방법원 2018.02.08 2017가단13803
사해행위취소
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. On June 1, 2015, the summary of the Plaintiff’s assertion: (a) B, the debtor against the Plaintiff, obtained two-thirds of the inheritance shares, among the real estate listed in the separate sheet, which is one of his/her sole property in excess of his/her debt on June 1, 2015; and (b) accordingly, he/she shall obtain two-thirds of the inheritance shares from the Defendant.

The registration of ownership transfer in Paragraph 1 is completed.

The defendant and B asserted that the above agreement on division of inherited property constitutes a fraudulent act against the plaintiff, who is a general creditor against B, and that the cancellation is obliged to implement the procedure for cancellation of ownership transfer registration due to the cancellation of the agreement.

2. The defendant's judgment on the existence of the preserved claim is disputing that the preserved claim against B was extinguished, and this is examined.

(a) Basic facts 1) Medical Capital Co., Ltd. (hereinafter “Treatment Capital”);

(2) On December 28, 2004, the above claim was transferred before transfer, and the plaintiff received the above claim from the KEL Corporation loan on August 28, 2013.

3) Around May 8, 2017, the Plaintiff and C and B agreed that “C and B shall pay the Plaintiff KRW 10,000,000,000, which is part of the principal and interest of the loan, by December 31, 2017, and the said KRW 10,000,000,000, which is a part of the principal and interest of the loan, shall be exempted from the remainder of the loan upon repayment by December 31, 2017” (hereinafter “instant agreement”).

(4) On December 29, 2017, B entered into a contract with the Seoul Central District Court (Seoul Central District Court Decision 28049) on December 29, 2017, as the Plaintiff, reported the repayment of KRW 10 million out of the Plaintiff’s principal and interest on the loan, and the deposit was accepted on January 2, 2018.

(hereinafter “Deposit for Payment”).

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