(영문) 광주지방법원 2015.05.29 2013가단521529

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(영문) 광주지방법원 2015.05.29 2013가단521529

사해행위취소

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1. The agreement on the division of inherited property on May 11, 2009 between the defendant and the non-party B on May 11, 2009

Reasons

1. Facts of recognition;

A. The promotion mutual savings bank filed a lawsuit against B against the Gwangju District Court 2009Gapo22130, and the above court on December 17, 2009, "Defendant B paid damages for delay at the rate of 20% per annum to the Plaintiff promotion mutual savings bank in proportion to KRW 9,721,574 and 3,956,696 among them, from the day following the delivery of a copy of the complaint of this case to the day of complete payment. The above decision was delivered to B on December 29, 2009, and confirmed as is, and the plaintiff succeeded to the above claim against B from the promotion mutual savings bank.

B. C, who is the father of B (hereinafter “the deceased”), died on May 11, 2009 while owning the real estate listed in the separate sheet (hereinafter “instant real estate”). The deceased’s heir, including the Defendant and B, had three South and North Korean children.

C. B entered into an agreement on the division of inherited property on May 11, 2009 with the Defendant that the instant real estate was to be owned solely by the Defendant. On June 19, 2009, the Defendant completed the registration of ownership transfer as the receipt of the registration office of the Gwangju District Court (117495) with respect to the instant real estate.

B, at the time of the consultation on the division of the inherited property of this case, owned the inheritance shares of 2/13 of the instant real estate and the share of 4 million won of the instant real estate as active property, and was in excess of the debt amounting to about KRW 80 million, including the above debt to the Plaintiff with small property, and was in excess of the debt amounting to KRW 80 million. The debt exceeds the debt amount even before the closing of the pleadings of this case.

E. The aggregate of the officially assessed individual land prices at the time of commencing the inheritance of the instant real estate is KRW 279,719,000.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 3, the result of this court's order to submit financial transaction information to Chang Chang Agricultural Cooperative, the purport of the whole pleadings

2. The establishment of a fraudulent act;

A. According to the above facts of recognition, B had already been in excess of the obligation.

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