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(영문) 광주지방법원순천지원 2019.02.12 2018가단73123
사해행위취소
Text

1. As to shares in 2/9 of the real estate listed in the separate sheet:

A. It was concluded on September 18, 2017 between the Defendant and C.

Reasons

1. Basic facts

A. Nonparty D entered into a credit card transaction agreement with Nonparty C, and delayed the amount of credit card use while making a transaction under the said agreement. On November 12, 2014, the Plaintiff received the credit card payment claim from Nonparty D pursuant to a successive transfer or acquisition agreement from E limited liability companies, and notified C around that time.

B. On March 2, 2016, the Plaintiff filed an application for payment order against C with the Seoul Central District Court for the above transfer money as Seoul Central District Court 2016 tea 47435. On March 2, 2016, the payment order was served to C on March 7, 2016, and the above payment order became final and conclusive on March 22, 2016.

(The amount claimed shall be 24,176,748 won and 5,982,32 won among them at the rate of 15% per annum from March 8, 2016 to the date of full payment).

Attached Form

The list of real estate (hereinafter “instant real estate”) was owned by the deceased F (hereinafter “the deceased”). On September 18, 2017, the deceased died, and Defendant, H, and C as the deceased’s heir.

On September 18, 2017, the successors agreed to jointly inherit the instant real estate (hereinafter “instant division agreement”) and accordingly, on December 27, 2017, the registration of ownership transfer completed on December 27, 2017 with the receipt of No. 25542 (hereinafter “instant transfer registration”).

C At the time of the instant partition consultation, there was no particular active property other than the inheritance shares on the instant real estate, and was in excess of the debt.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Revocation of fraudulent act and reinstatement;

A. According to the facts acknowledged prior to the agreement on division of this case, the Plaintiff owned a claim against C prior to the agreement on division of this case, which becomes the preserved claim against the right to revoke the bond.

(b) the revocation of fraudulent act and restitution to its original state;

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