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(영문) 전주지방법원군산지원 2019.04.30 2018가단51797
사해행위취소
Text

1.With respect to shares of 2/13 of the real estate listed in the Schedule,

A. It was concluded on January 9, 2016 between the Defendant and D (E).

Reasons

In fact, D was liable for the FF corporation's usage price and late payment due to the FF corporation's receipt of a credit card issued by the FF corporation.

F Co., Ltd. transferred the above claim against G Co., Ltd., and G Co., Ltd. transferred the above claim to H Co., Ltd., and H Co., Ltd. transferred the above claim to H Co., Ltd., and H Co., Ltd. notified D of the transfer of the above claim to H Co., Ltd. on August 2, 2010.

I transferred the above claim against D to the Plaintiff on July 1, 2011, and I corporation notified D of the transfer of the above claim to D on February 28, 2017.

On July 25, 2017, the Plaintiff received a payment order against D to pay KRW 8,797,343 as Seoul Western District Court Decision 2017 tea 58714 and KRW 1,871,110 among them.

D The deceased on January 9, 2016(hereinafter referred to as “the deceased”).

The deceased’s heir had five children, including the Defendant and D, who are the spouse. As to the real estate indicated in the separate sheet (hereinafter “instant real estate”), which is inherited property, the ownership transfer registration under the name of the Defendant was made on May 2, 2017 by the Jeonju District Court No. 20148 on the ground of inheritance by agreement division.

[Based on recognition, Gap evidence Nos. 1 through 6 (including each number), and D, based on the purport of the entire argument, succeeded to 2/13 of the real estate of this case, and renounced it and reverted to the defendant in whole through the agreement on the division of inherited property.

However, according to the result of each fact-finding on the following facts, it is recognized that the real estate of this case was the only real estate D at the time of division of the above inherited property, and there is no other evidence to deem that the real estate of this case had a separate property to D.

On the other hand, D, as seen earlier, is the Plaintiff.

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