(영문) 인천지방법원 2015.06.03 2014가단70701

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(영문) 인천지방법원 2015.06.03 2014가단70701

사해행위취소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 10:

B around January 31, 2001, Samsung Card Co., Ltd. was in arrears with the card payment amount of KRW 2,038,610. The Plaintiff received the above card payment claim and applied for a payment order of transfer payment order against B on July 5, 2010, under the Suwon District Court Branch Branch Order 2010 tea4720. The payment order was issued on the 13th of the same month, and the original payment order was served to B, and the order became final and conclusive around that time.

B. Meanwhile, as to the real estate listed in the separate sheet on April 20, 1995 (hereinafter “instant real estate”), C

3. October 2010: (a) completed the registration of ownership transfer for reasons of sale; and (b) died on February 20, 2010, together with wife D, E, F, etc.

(hereinafter referred to as “the deceased”). (c)

The deceased’s successors were wife D and children G, Defendant, H, F, B, and E, and the Defendant had the same year as of May 24, 2010.

2. 20. 20. The registration of ownership transfer was made in its name on the grounds of inheritance by division of agreement.

2. The Plaintiff’s assertion B bears the Plaintiff’s obligation to take over the instant real estate and, notwithstanding the absence of special property, the agreement for division with the effect that the ownership of the instant real estate inherited from the deceased is transferred to the Defendant constitutes a fraudulent act to evade the Plaintiff’s obligation to the Plaintiff. As such, the agreement for division of inherited property concluded between the Defendant and B is presumed to constitute a fraudulent act to evade the Plaintiff’s obligation to the Plaintiff. As such, the Defendant is obliged to cancel the agreement for division of inherited property between the Defendant and B, and the Defendant is obliged to perform the procedure for registration

3. Determination

A. The agreement on division of inherited property has commenced and provisional co-inheritors share the inherited property.

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