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(영문) 광주지방법원 순천지원 2018.09.18 2018가단3285
사해행위취소 등
Text

1. As to 1/6 shares of real estate listed in the separate sheet:

A. On April 27, 2015, between the Defendant and B.

Reasons

1. Basic facts

A. The Plaintiff, as indicated below, was transferred to and notified of claims against LG cards B (former: C) pursuant to the Asset-Backed Securitization Act, and filed an application with the Gwangju District Court for payment order 2006 tea4526 against B.

(Amount of Claim 7,089,385 Won and damages for delay from October 25, 2003) B

B. The attached list real estate (hereinafter “the instant real estate”) was owned by D (hereinafter “the deceased”). The deceased died on April 27, 2015, and the inheritor was the children of the deceased, E, F, G, H, B (Name C), and the Defendant.

On April 27, 2015, the inheritors agreed on the division of inherited property to solely inherit the instant real estate (hereinafter “instant division agreement”) and accordingly, on October 30, 2015, the registration of the instant real estate was completed on October 30, 2015 by the Gwangju District Court’s net support and the registration of the transfer of ownership in the Defendant’s name (hereinafter “instant transfer of ownership”) as of October 30, 2015.

C. B 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 4, 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 had a claim against B prior to the agreement on division of this case, and this constitutes the obligee’s right of revocation.

B. The revocation of fraudulent act and consultation on the division of inherited property 1 to restitution are to confirm the reversion of inherited property by either having all or part of the inherited property owned by each inheritor as a sole ownership or by performing it as a new co-ownership relationship with respect to the inherited property provisionally owned by co-inheritors upon commencement of inheritance, and thus, it is subject to the right to revoke fraudulent act, in view of its nature.

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