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(영문) 대전지방법원 천안지원 2018.06.20 2017가단8896
사해행위취소 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Plaintiff B’s claim 1) The Plaintiff acquired each claim on B from each financial institution listed in the “claim Transfer Financial Institution” list in the annexed sheet of assignment of claims. 2) The Plaintiff filed a lawsuit on the claim for the amount of transfer money claim with the Suwon District Court 2006 Ghana 107733, Oct. 18, 2006, and filed the lawsuit with the above court on Oct. 18, 2006, “B shall pay to the Plaintiff 7,656,347 won per annum from October 25, 2003 to September 23, 2006, and 20% per annum from the next day to September 23, 2006.” The judgment became final and conclusive as it is.

B. A division consultation of inherited property 1) The mother C (hereinafter “the deceased”).

(2) On December 15, 2016, the Defendant died, and the heir was his child, B, D, and C, and the Defendant concluded an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the Defendant’s sole ownership of the real estate listed in the separate sheet in the name of the deceased (hereinafter “instant real estate”).

Accordingly, on February 1, 2017, the defendant completed the registration of ownership transfer on the instant real estate due to inheritance by a future division.

【Ground of recognition】 Each entry of evidence Nos. 1 through 5, and the purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff B was insolvent at the time of the agreement on the division of the instant inherited property, the Plaintiff B’s insolvency deepened by giving up the 1/3 share of the instant real estate, which is inherited property.

Therefore, the agreement on division of the inherited property of this case constitutes a fraudulent act detrimental to the obligees in B, and thus, the Plaintiff, a creditor, sought revocation of the agreement on division of the inherited property of this case.

However, the registration of the establishment of a neighboring real estate established on the instant real estate was cancelled after the ownership was transferred to the Defendant following the division of the instant inherited property, thereby restoring the instant real estate to its original state.

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