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(영문) 인천지방법원 2017.11.10 2017가단9700
사해행위취소등
Text

1. Each inherited property concluded between the Defendants and Nonparty C with respect to each of 1/6 shares of the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. C was liable for a loan amounting to KRW 26 million (the agreed interest rate of KRW 35.8%, and the loan period of KRW 36 months) to Hyundai Swiss Savings Bank on January 25, 201. On March 15, 2012, Hyundai Switzerland Savings Bank transferred the said claim to a stock company and a partnership partnership loan, and notified C of the fact of the transfer.

B. On July 27, 2016, NNN Partners Loans Co., Ltd. transferred the said claims to the Plaintiff, and notified C of the transfer on August 10, 2016.

C. C’s obligation to pay the principal and interest of loan to the Plaintiff is KRW 59,987,930 as of March 14, 2017 (principal KRW 39,816,857, including interest at KRW 20,171,073).

Meanwhile, each real estate listed in the separate sheet (hereinafter “the instant real estate”) was owned by the network D. As the network D died, the Defendants and C, the heir of the network D, shall consult with the Defendants to inherit the said real estate, and on August 28, 2015, they completed each registration of ownership transfer in the name of the Defendants on the grounds of inheritance by agreement and division as to each one/2 of the instant real estate among the instant real estate.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Determination

A. The agreement on the division of inherited property is to confirm the reversion of inherited property by either having all or part of the inherited property, which has been provisionally owned by each inheritor, upon the commencement of inheritance, or having been performed as a new co-inheritors, with respect to the inherited property, and therefore having become final and conclusive for the purpose of property rights by its nature. Therefore, it can be subject to the exercise of the right to revoke a fraudulent act. Meanwhile, the debtor's act of replacing the inherited property, which is only the property of his own, with money that is easily consumed or transferring it to another person without compensation, becomes a fraudulent act against the creditor,

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