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(영문) 전주지방법원 2017.01.18 2016가단6660
사해행위취소 등
Text

1.With respect to shares of 3/11 of the real estate listed in the Schedule,

A. It was concluded on June 17, 2014 between the Defendant and B.

Reasons

1. Facts of recognition;

A. A. On December 4, 2002, Houng Bank lent money to B, and the loan claims were transferred to ELD Investment Securities Co., Ltd. and the Plaintiff.

The plaintiff filed a lawsuit against B against Jeonju District Court 2008Gaso28003, and the above court rendered a judgment that B paid 3.5 million won and its delay damages to the plaintiff on July 3, 2008.

The above judgment became final and conclusive around that time.

B. Meanwhile, on June 17, 2014, C, who is the husband of B, died on June 17, 2014. As to C’s property, the Defendant, who is the wife, succeeded to 3/11, D, E, and Defendant, each of whom is the child of the net F, C, G, and H, who is the child of the deceased F, C, respectively.

C. However, with respect to the share of 11/11 of each of the real estate listed in the separate sheet owned by C (hereinafter “each of the instant real estate”), the agreement was concluded between the Defendant and B on June 17, 2014 on the division of inherited property (hereinafter “instant agreement”) under the terms and conditions that the Defendant owned the said share, and the agreement was concluded on the division of inherited property between the Defendant and B on the grounds thereof, and the former District Court’s all-round February 1, 2016 was accepted on February 1, 2016, and each ownership transfer registration was completed in the future of the Defendant.

At the time of the agreement division contract of this case, B was in excess of the obligation.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 17, the fact-finding conducted by this court to the Full-Time Office in the previous week, the result of the order of the credit information submission to the President of the Korea Credit Information Company, the purport of the entire pleadings

2. In principle, a fraudulent act committed in cases where the joint security against the general creditor has decreased as a debtor, who had already been in excess of his/her obligation, gives up his/her right to his/her inherited property while holding a divided agreement on the cause of the claim

(Supreme Court Decision 2012Da26633 Decided July 10, 2014). According to the above facts of recognition, the Plaintiff has a claim against B, and the Plaintiff has a claim against B, and the obligation exceeds that.

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