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(영문) 서울서부지방법원 2017.09.26 2016가단260243
사해행위취소
Text

1. The Defendants and C concluded on July 1, 2016 with respect to each of the 1/7 shares in the real estate listed in the separate sheet.

Reasons

Facts of recognition

On January 19, 2002, claim C against the Plaintiff entered into a contract for the use of loan services, etc. with Hyundai Capital Capital Co., Ltd. and Dlim loan services.

On October 5, 2015, the Plaintiff filed a lawsuit (Seoul Southern District Court 2015DaDa455285) against the obligor C to claim the transfer money, and the judgment in favor of the Plaintiff was rendered on October 5, 2015, and C filed an appeal for the subsequent completion of the loan, but the appeal was dismissed.

The real estate listed in the separate list of the agreement on division of inherited property (hereinafter “instant real estate”) is the real estate owned by D, the mother of C, and as D dies on July 1, 2016, Defendant A, his spouse, and Defendant B and C inherited the said real estate according to their respective statutory inheritance shares (Defendant A3/7, Defendant B and C 2/7).

However, on July 1, 2016, the aforementioned inheritors entered into an agreement on the division of inherited property (hereinafter “instant agreement on division”) in which the Defendants are to own each share of 1/2 of the instant real estate, and accordingly, completed the registration of ownership transfer based on inheritance due to the agreement and division made on July 1, 2016, such as the written in Section 1(b).

C’s insolvent C is against the Plaintiff.

However, there is no particular positive property, while there is no positive property.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 4 (including serial numbers, and hereinafter the same shall apply) as a result of the submission of tax information and data, and the establishment of a fraudulent act as a result of the conclusion of the whole pleadings, the agreement on the division of the inherited property with respect to the inherited property which was temporarily owned by co-inheritors as a sole ownership of each inheritor, or as a new co-inheritors, becomes final and conclusive by performing all or part of the inherited property which was temporarily owned by the co-inheritors as a sole ownership of each inheritor or as a new co-ownership relationship. Thus, the right to revoke

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