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(영문) 서울서부지방법원 2015.05.22 2014가단29929
사해행위취소등
Text

1. The Defendants and D as of June 15, 2010 shares of 177/700 out of the real estate listed in the separate sheet between the Defendants and D.

Reasons

1. Basic facts

A. From March 2006 to January 2007, the Plaintiff set KRW 340,000,000 to D as interest rate of KRW 2% per month.

D On August 14, 2011, D prepared and awarded to the Plaintiff a certificate of borrowing KRW 340,000,000.

B. On June 25, 2014, the Plaintiff filed an application with the Seoul Western District Court for a payment order claiming the return of the above loan, and the Plaintiff was sentenced to the Seoul Western District Court on February 23, 2015 from the instant litigation procedure of loans 2014Kahap6800, which was initiated following D’s filing of objection, to pay the Plaintiff KRW 340,000,000 and damages for delay.

D has filed an appeal against the above judgment and now the trial of the appellate court is in progress.

C. The registration of ownership transfer was completed in the name of E, the husband of D on July 19, 201. After E died on June 15, 2013, the registration of ownership transfer was completed on June 27, 2013 with respect to each one-half share in the name of the Defendants on June 15, 2013.

E The Defendants are D and their children, and inheritance shares are D 3/7 and 2/7, respectively.

[Ground of recognition] Facts without dispute, Gap 1 through 4, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff alleged by the original defendant asserts that since D had an inheritance agreement and division of inherited property to waive the inheritance shares on the real estate stated in the separate sheet, the only property of which is one of its own property, while it bears a large amount of debt against the plaintiff, it should be revoked as a fraudulent act detrimental to the plaintiff, who is the creditor.

As to this, the Defendants asserted that, when E purchases real estate listed in the separate sheet, the Defendants shared part of the purchase fund, and at the time, E intended to donate the above real estate to the Defendants each 1/2 share, so the division of inherited property agreement does not constitute a fraudulent act, and at least, it did not constitute a fraudulent act with respect to the portion of the purchase fund borne by the Defendants.

B. Determination 1 Fraudulent Act.

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