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(영문) 전주지방법원 군산지원 2021.01.26 2020가단55594
사해행위취소
Text

1. It was concluded on January 21, 2016 with respect to the shares of 1/4 of the re-real estate in the attached Table “List” between the Defendant and Nonparty C.

Reasons

1. The Plaintiff acquired the loan claim amounting to 34.89% per annum from July 31, 2020 to July 31, 2020 to 34.89% per annum from 4,222,631 won and 1,631,116 won of D Co., Ltd. The Plaintiff acquired the loan claim amounting to 39% per annum from E Co., Ltd to 4,096,804 won and from July 31, 2020 to the date of complete payment. The Plaintiff acquired the loan claim amounting to 39% per annum from E Co., Ltd. to 34.9% per annum from July 31, 2020 to the date of complete payment.

Accordingly, on January 21, 2016, in excess of the debt, C transferred to the Defendant 1/4 of his/her shares in inheritance among the real estate in the attached list “List” through a consultation on the division of inherited property with the Defendant on January 21, 2016. This constitutes an act detrimental to the obligee, and the Defendant constitutes a malicious beneficiary, and thus the revocation of the agreement on the division of inherited property between the Defendant and C should be revoked by an act of deception, and the Defendant must implement the registration procedure on the transfer of ownership on the ground of the restoration of the true name.

2. Article 208(3)1 and Article 257 of the Civil Procedure Act applicable to the law;

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