(영문) 광주지방법원 2019.01.25 2017가단520692

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(영문) 광주지방법원 2019.01.25 2017가단520692

사해행위취소

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1. The Defendants and D’s inherited property concluded on February 21, 201 with respect to 2/11 shares of the real estate indicated in the separate sheet.

Reasons

1. Basic facts

A. E Co., Ltd. entered into a credit card transaction agreement with D, and D did not pay the credit card payment obligations under the above agreement.

B. On May 15, 2003, E Co., Ltd. transferred credit card payment claims against F limited liability companies, and F limited liability companies transferred them again to G Co., Ltd. on May 7, 2007. The F Co., Ltd. transferred them again to the Plaintiff on April 26, 201.

(hereinafter referred to as “the claim of this case”) as of August 9, 2017, the amount of the claim of this case reaches KRW 37,325,154 (principal KRW 6,239,99, interest KRW 31,085,155).

C. Meanwhile, the deceased H, the father of D, owned the real estate indicated in the separate sheet (hereinafter “instant real estate”) at the time of the death, and the heir was the spouse I and I and I, the Defendants, and J. D.

D The successors, including D, agreed to divide the instant real estate into the Defendants’ inherited property (hereinafter “instant agreement on division of inherited property”), and the Defendants completed the registration of ownership transfer as the receipt of the registration office of the Gwangju District Court No. 64760, Apr. 12, 2017 for the instant real estate on April 12, 2017 due to inheritance due to division by agreement on February 21, 2017.

E. At the time of the agreement on the division of the instant inherited property, D was in excess of its obligation, and there was no active property other than the inheritance shares on the instant real property.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Gap evidence 7-1 and 2, the purport of the whole pleadings

2. Determination

A. According to the facts found as above, at the time of the agreement on the division of the inherited property of this case, the Plaintiff had a claim against D with respect to the acquisition amount, and the above claim is a preserved claim seeking revocation of the fraudulent act against the agreement on the division of the inherited property of this case.

B. According to the facts of the establishment of the fraudulent act, D is in excess of its obligation.

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