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(영문) 광주지방법원 2015.08.28 2014가단61277
사해행위취소 등
Text

1. As to the shares of 2/15 of each real estate listed in the separate sheet, the defendant and the non-party B on August 26, 2010.

Reasons

1. Facts of recognition;

A. On June 20, 2003, the Solomon Savings Bank (former trade name, Solomon Savings Bank) acquired the claim against Nonparty B from Nonparty Hyundai Card Co., Ltd., and notified Nonparty B of the transfer on July 31, 2003. On April 26, 2011, the Plaintiff acquired the claim against Nonparty B from Solomon Savings Bank, and was notified of the transfer on May 201.

B. The Plaintiff filed an application against Nonparty B for a payment order claiming payment of KRW 12,533,721 with the Seoul Western District Court Decision 2012 teas.5394, and damages for delay thereof. The said payment order was finalized on November 28, 2012.

C. The debt owed to the Plaintiff by Nonparty B is KRW 14,741,743 as of December 2, 2014.

The father of Nonparty B (hereinafter referred to as “the deceased”) died while owning each real estate listed in the separate sheet (hereinafter referred to as “the instant real estate”) and six children, including the Defendant and B, who are the wife of the deceased.

E. On August 26, 2010, the inheritors including the Defendant and B entered into an agreement on the division of inherited property with the content that the Defendant independently inherited the instant real estate, and the Defendant completed the registration of ownership transfer on September 3, 2013 as the receipt of the registration office of the Gwangju District Court (179458).

F. Nonparty B was insolvent at the time of the foregoing agreement on the division of inherited property.

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 7, the order of submission of tax information to the director of the Seo-gu District Tax Office for submission of tax information, the inquiry results to the Ministry of Land, Infrastructure and Transport, and the purport of

2. Determination as to the establishment of fraudulent act

A. The agreement on the division of inherited property of a fraudulent act is to confirm the reversion of inherited property by either having all or part of the inherited property provisionally owned by co-inheritors upon commencement of inheritance as separate ownership by each inheritor, or performing it as a new co-ownership relationship.

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