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(영문) 전주지방법원 남원지원 2018.02.07 2017가단1432
사해행위취소
Text

1. On February 10, 2017, between the Defendant and B, 2/11 shares of each of the real estate listed in the separate sheet are concluded.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff entered into a credit card use agreement with B on June 5, 2009, and issued the credit card to B. However, upon the delay of the credit card price, the Plaintiff filed a lawsuit seeking payment of credit card payment under the Seoul Special Metropolitan City court 2012 Ghana and 2026, the Seoul Special Metropolitan City court Do court 10,241,676, and the aforementioned court rendered a judgment on April 24, 2013 that the Plaintiff would pay damages for delay of KRW 9,52,214, and the above judgment became final and conclusive on May 14, 2013 (hereinafter referred to as “the deceased”). On the other hand, the deceased’s wife C (hereinafter referred to as “the deceased”) died on February 1, 2017, the Defendant and his children, the deceased’s wife, and each of the real property (hereinafter referred to as “the real property list”) and each of the real property (hereinafter referred to as “the inherited property”).

3) On February 10, 2017, the deceased’s successors are entitled to an agreement on division of inherited property (hereinafter “instant agreement on division”) with the content that the Defendant solely succeeds to each of the above inherited property, which is inherited property (hereinafter “instant agreement”).

(4) At the time of the conclusion of the instant agreement, there was no active property other than the above inherited property to B, as the head of the Jeonju District Court, the head of the Suwon District Court, the registration office, and the registration of ownership transfer under the name of the Defendant was completed as of February 15, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 14, witness Eul's testimony, purport of whole pleadings

B. Determination 1: (a) The agreement on division of inherited property is to confirm the attribution of inherited property by either having all or part of the inherited property, which was provisionally owned by co-inheritors upon commencement of inheritance, as the sole ownership of each inheritor, or performing it as a new co-ownership relationship; and (b) thus, exercise the right to revoke fraudulent act by nature.

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