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(영문) 창원지방법원통영지원 2017.11.07 2017가단23232
사해행위취소
Text

1. It was concluded on August 4, 2016 with respect to two percent of the real estate listed in the separate sheet between B and the Defendant.

Reasons

1. Basic facts

A. The Plaintiff’s claim B against C was loaned KRW 3,00,000,000 from C&A Capital Loan Co., Ltd. on March 17, 2015; KRW 1,500,000 on July 13, 2015; and KRW 1,000,00 on December 4, 2015.

An order to pay the above loans against B was issued by Athnth Loan Co., Ltd. (Seoul Southern District Court 2016j. 68018), and on September 27, 2016, B issued a payment order to pay “5,31,229 won and 4,834,759 won among them” to Athnth Loan Co., Ltd., from September 9, 2016 to the date of complete payment.

On December 30, 2016, the Plaintiff received the claim for the loans that the company held against B from Atha Capital Loan Co., Ltd., and notified to B around January 20, 2017.

B. “The instant real estate” was owned by C. C. On April 7, 2007, C died, and C was a spouse D, children, B, E, F, and Defendant. On August 4, 2016, the Defendant completed the registration of ownership transfer on August 5, 2016, with respect to the instant real estate, and accordingly, the Defendant completed the registration of ownership transfer on August 5, 2016.

2. The occurrence of the right to revoke the fraudulent act;

A. According to the facts of recognition of Paragraph 1 of the preserved claim, the Plaintiff’s claim against B of the amount transferred is the preserved right against the claim for revocation of the fraudulent act.

B. According to the facts of recognition of fraudulent act Paragraph 1, although B was in excess of debt at the time of the agreement on the division of inherited property with respect to the instant real estate, B made an agreement on the division of inherited property with respect to the inheritance shares among the instant real estate as owned by the Defendant. The insolvent B including the Plaintiff.

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