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(영문) 울산지방법원 2017.06.27 2016가단69262
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Doyang Social Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) filed a lawsuit against B against the Busan District Court 2007da66897 (hereinafter “Nonindicted Co., Ltd.”) and the above court ordered the debtor to pay 2,112,144 won to the non-party company and 99,147 won with 20% interest per annum from April 21, 2007 to the date of full payment. The above judgment is the same year.

5. 5. Finality has been made.

B. On September 22, 2009, the non-party company transferred claims to the obligor based on the above judgment to Korea AMC Loan Co., Ltd., and transferred the above claims to the Plaintiff on February 14, 2012, and each of the above transfers was notified to the obligor.

C. On March 1, 1997, the Defendant’s partner C died on March 1, 1997, and the Defendant, D, and Defendant E jointly inherited the real estate listed in the separate sheet as co-inheritors (hereinafter “instant real estate”).

On May 23, 2016, the registration of ownership transfer was made under the name of the Defendant under the receipt of No. 114286, May 23, 2016, on the ground of the agreement division of inherited property as of May 23, 2016.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7, and the purport prior to pleadings

2. Determination on the defense prior to the merits

A. As to the assertion that the agreement on the division of inherited property between B and the Defendant on May 23, 2016 on the instant real estate was a fraudulent act against the Plaintiff, the Defendant asserted that the agreement on the division of inherited property between B and the Defendant was unlawful as the lapse of the exclusion period.

(b) when the legal act constituting a judgment was committed, the date on which such fraudulent act was actually committed should be determined as a standard.

In this case, the real estate of this case is by agreement and division on May 23, 2016 on the registry.

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