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(영문) 인천지방법원부천지원 2017.09.13 2017가단263
사해행위취소 등
Text

1. The agreement on the division and merger of inherited property entered into on April 1, 2014 between the defendant and B on April 1, 2014 is 9.

Reasons

1. Basic facts

A. On August 13, 2008, the Plaintiff acquired the credit card user’s claim against B from EL Card Co., Ltd., applied for a payment order against B with the Incheon District Court Branch Decision 2008Hu3877, which was decided on September 5, 2008, that “B shall pay to the Plaintiff KRW 3,491,00 and the amount equivalent to 17% per annum from October 25, 2003 to the delivery date of the payment order; and that “B shall pay to the Plaintiff an amount equivalent to 20% per annum from the next day to the day of full payment.”

B. The mother of B died on March 18, 2012 and died on June 15, 2006 between the Defendant and his children, D, E, B, F and net G G.

On April 1, 2014, the deceased C’s inheritors jointly inherited the property of the deceased C, and the deceased C’s inheritors jointly agreed on the division of inherited property (hereinafter “instant division agreement”) to vest the real property indicated in the separate sheet (hereinafter “instant real property”) in the Defendant, which is inherited property. Accordingly, on April 4, 2014, the Defendant completed the registration of ownership transfer on the instant real property by agreement and division.

C. Meanwhile, on the other hand, the instant real estate prior to the foregoing split-off consultation, each of the maximum debt amount of the small credit cooperative KRW 71,50,000, KRW 13,000,000, and KRW 13,000,000 was cancelled on May 22, 2014. At the time of cancellation, the sum of the secured debt amount of the right to collateral security was KRW 73,37,954 (=5,00,000, KRW 10,000,000).

B At the time of the split-off consultation, there was no particular property other than the inheritance share of 1/6 of the instant real estate.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 25, Eul evidence Nos. 7, each of the court's subordinate markets, and the fact inquiry results and the purport of the whole pleadings

2. Determination as to the cause of action

(a) The agreement on the division of one inherited property with respect to fraudulent act and intent to commit suicide shall commence for inheritance.

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