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(영문) 광주지방법원순천지원 2014.12.23 2013가단19032
사해행위취소
Text

1. Consultations on the division of inherited property concluded on April 24, 2010 with respect to each real estate listed in the separate sheet between the net F and G.

Reasons

1. Basic facts

A. The Plaintiff, a company established for asset-backed securitization in accordance with the Asset-Backed Securitization Act, acquired the claims of each financial institution specified in the following table, and notified G of the transfer of claims.

G G G

B. G, on April 24, 2010, upon consultation on the division of inherited property on April 24, 2010, which had been held by the father H (hereinafter “each of the instant real property”), had been completed on May 7, 2010 on the deceased’s transfer of ownership to the deceased on May 7, 2010.

C. Meanwhile, each of the instant real estate was set up a right to collateral security of KRW 30,00,000 on April 23, 2003, and a right to collateral security of KRW 30,000,000 on a deposit basis of the I, which was closed on August 29, 2007, respectively. However, each of the claims secured by the right to collateral security was cancelled on January 12, 201 and May 11, 201, and was KRW 20,000 on April 24, 2010.

The ownership of each of the instant real estate was transferred on April 13, 201 to J on the ground of sale and purchase (140,000,000 won).

E. The heir of the network H is the deceased and his children, and there are Defendants and G, who are the wife.

In addition, the Deceased died on July 4, 2012, and the Defendants and G were tried to grant inheritance limited recognition by the Gwangju District Court 2014Mo168 on April 26, 2014, and there was no active property in the list of inherited property, and the Plaintiff’s claim was stated as a passive property.

【In the absence of dispute, entry of Gap 1, 2, and Eul 1 (including each number), the result of the order to submit financial transaction information to the Credit Union in the court, the whole purport of the pleading, and the purport of the argument.

2. According to the above facts of assertion and judgment, G has made an agreement on the division of inherited property with the purport of having the Plaintiff bear the obligation of transferring money and having the deceased acquire each of the instant real estate in excess of the obligation. Such agreement on the division of inherited property shall be disposed of to the other hand of the obligor’s responsible property.

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