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(영문) 전주지방법원 2016.10.20 2016가단2323
사해행위취소 등
Text

1. As to shares of 2/13 of each of the real estate listed in the separate sheet:

A. It was concluded on February 7, 2013 between the Defendant and B.

Reasons

1. Basic facts

A. The Plaintiff Samsung Card Co., Ltd. entered into a credit card agreement with B on October 20, 200 for the Plaintiff’s Samsung Card Co., Ltd., and on August 23, 200 for the El branch card Co., Ltd., respectively.

On October 24, 2003, the above two companies transferred the credit card use fee claim against ELD Investment Securities Co., Ltd. to ELD Investment Securities Co., Ltd., and on the same day, ELD Investment Securities Co., Ltd. transferred the above claim again to the Plaintiff.

On March 15, 2011, the Plaintiff filed an application with the Gwangju District Court for payment order (201j280) against B, and on March 15, 201, the said court issued an order to pay to B, “B shall pay to the Plaintiff 9,730,014 won, as well as 17% per annum from October 25, 2003 to March 18, 201, and 20% per annum from the next day to the date of full payment.” The said order was finalized on April 2, 2011.

The principal and interest as of January 15, 2016 are 29,968,975 won in total.

B. Each real estate listed in the separate sheet on the division of inherited property (hereinafter “instant real estate”) was owned by C, and C died on February 7, 2013.

C’s heir has the wife B, D, E, F, and G, the wife of the Defendant and his children.

The defendant completed the registration of ownership transfer on March 14, 2013 on the ground of inheritance by agreement and division (hereinafter “instant division agreement”) dated February 7, 2013.

C. It seems that B, including the property status, did not own any particular property except the part inherited from C at the time of the instant division consultation.

The price of the instant real estate at the time of the split-off consultation is KRW 41,300,000, and the price at the time of the closing of argument in the instant case is KRW 43,200,000.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1-3, and the fact-finding results of each fact-finding to the head of the full time city of the court, the President of the Korea Credit Information Institute, the purport of the whole pleadings

2. Determination

A. The agreement on the division of inherited property with respect to the establishment of a fraudulent act shall commence for inheritance.

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