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(영문) 창원지방법원 2016.06.16 2015가단79853
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The promotion mutual savings bank (hereinafter “promotion mutual savings bank”) filed a lawsuit for loans with the Seoul Central District Court 2009Gada1782624 on May 28, 2009. The court rendered a decision to recommend performance that “B shall jointly and severally with C to pay 15,098,669 won and 6,640,434 won per annum to the promotion mutual savings bank, calculated at the rate of 20% per annum from the day following the last delivery of the copy of the complaint of this case to the day of full payment,” and the above decision became final and conclusive around that time.

(B) claims against B for which a decision on performance recommendation has become final and conclusive (hereinafter “instant claims”).

On June 15, 2011, a promotion mutual savings bank entered into an asset transfer agreement, including the transfer of the instant claim, with the Plaintiff, and notified the Plaintiff of the transfer of the instant claim on behalf of the promotion mutual savings bank.

C. When D, the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), died, D’s spouse B, Defendant, and E, who are co-inheritors, entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the content that the instant real estate should be owned solely by the Defendant, on February 4, 2012. Accordingly, the Defendant completed the registration of ownership transfer on the instant real estate by the Changwon District Court Kim Jong-hae registry Office on December 11, 2012 as the receipt of No. 1169222.

Meanwhile, B died on February 25, 2015.

(hereinafter referred to as “the network”). [Grounds for recognition] The fact that there is no dispute, Gap evidence 1 through 10, Eul evidence 1 (including paper numbers), and the purport of the whole pleadings.

2. The Plaintiff’s assertion that, upon the death of the husband D, the husband gave up the share of the real estate indicated in the separate sheet, which is inherited to himself/herself, the Plaintiff agreed on the division of inherited property.

At the time, the deceased’s share in inheritance of the instant real estate was the only property, and thus constitutes a fraudulent act.

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