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(영문) 울산지방법원 2015.05.22 2014가단13982
사해행위취소 등
Text

1. The separate list of Nonparty C, among the agreement on the division of inherited property on March 13, 2013 between the Defendant and Nonparty C, D, E, F, G, H, and I.

Reasons

1. Basic facts

A. On September 15, 2010, the Plaintiff lent KRW 100 million to Nonparty C.

(hereinafter referred to as the “instant loan”). (b)

(1) On February 27, 1974, Non-Party J acquired each real estate listed in the separate sheet (hereinafter “instant real estate”).

(2) The J died on March 13, 2007.

As the defendant, C, D, E, and J's South Korea, the children of the J, the non-party spouse of the deceased non-party G, H, H, and I succeeded to or succeed to J at the time.

The inheritance shares of C among the above inheritors are 1/5.

(3) On March 13, 2013, the said J’s heir or substitute heir drafted a written agreement on the division of inherited property on the purport that “the instant real estate shall be owned by one of the co-inheritors.”

(4) As to the instant real estate, the registration of transfer of ownership in the Defendant’s future was completed on March 22, 2013 due to the inheritance due to the division on March 13, 2007 as of March 22, 2013 (hereinafter “instant agreement”) (hereinafter “instant agreement”).

(hereinafter referred to as the "registration of ownership of this case").

The plaintiff is a non-party L's relative living together with C. D.

C is insolvent since around 2013.

[Ground of recognition] In the absence of dispute, Gap evidence 1, 2, Gap evidence 3-1 to 4, Gap evidence 4 through 6, Gap evidence 10-1 to 3, Gap evidence 11-1 to 8, fact inquiry results to the Ministry of Land, Infrastructure and Transport, and the purport of the whole pleadings

2. As to the defense of this case

A. The Plaintiff asserted that “this case’s agreement is a fraudulent act and thus ought to be revoked, and that restitution should be made following such revocation,” and filed the instant lawsuit.

The Defendant’s agreement of this case was reached around March 2007, immediately after the J’s death or around March 2007, and around March 2008, at the latest, around the first date of the proposal. The instant lawsuit was brought about five years after the limitation period was exceeded.

(b).

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