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(영문) 광주지방법원순천지원 2020.06.17 2019가단74826
사해행위취소
Text

1. As to shares of 1/6 of each of the shares of 1/4 of the real estate listed in Schedule 1 to Schedule 7:

A. Defendants and F.C.

Reasons

1. Facts of recognition;

A. On August 17, 2017, the Plaintiff’s claim G corporation against F filed a lawsuit against F seeking the acquisition amount under the Incheon District Court Branch Branch of the Incheon District Court Decision 2017 Ghana206881, that “F shall pay to G Co., Ltd. the amount calculated at the rate of 15% per annum for KRW 227,180,204 and KRW 10 million from April 21, 2017 to the date of full payment” (hereinafter “instant claim”).

G transferred the instant bonds to the Plaintiff on September 27, 2018, and notified the transfer of claims to F on November 1, 2018.

At that time, notice of assignment of claims has been delivered to F.

B. The mother of F and the Defendants died on August 28, 2018, which is the mother of F of F of the Agreement on Division of Inherited Property, and H jointly inherited the Defendants, F, and I (the Defendants, F, and I (the inheritance shares, 1/6)’s property.

On August 28, 2018, H’s successors, including the Defendants, entered into an agreement on the division of inheritance (hereinafter “instant division agreement”) with Defendant B, C, and Defendant D, and E, with respect to the real estate listed in the attached table Nos. 1 to 7 of the attached table Nos. 8 of the same table, as shares of 1676/4321, and as shares of 1645/4321, the real estate listed in the attached table Nos. 9 and 10 of the same list as Defendant B, and the real estate listed in the attached table No. 11 of the same list were owned by Defendant C, and the real estate listed in the attached table No. 12 of the same list as shares of 1/2 by Defendant D and E (hereinafter “instant division agreement”).

Under the instant division agreement, the Defendants completed the registration of ownership transfer on January 29, 2019.

C. At the time of the instant divisional agreement, F had no other property than the inheritance shares of the instant real estate at the time of the instant divisional agreement, and there was no particular property at the time of the closing of argument in the instant case.

[Reasons for Recognition] Unsatisfy, Gap 1 to 4 (including virtual numbers), the purport of the whole pleadings

2. The establishment of fraudulent act and the division of beneficiary's malicious inherited property shall have commenced between co-inheritors.

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