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(영문) 광주지방법원 순천지원 2018.11.06 2018가단73093
사해행위취소
Text

1. As to shares 2/13 of each real estate listed in the separate sheet:

A. It was concluded on June 7, 2017 between C and the Defendant.

Reasons

1. Basic facts

A. On August 29, 2016, Nonparty D loaned KRW 3,000,000 to C on August 29, 2016, at the rate of 27.9% per annum on August 29, 2024, and C did not pay interest on the above loan, and on March 23, 2017, the Plaintiff acquired the loan claim against D Company C on March 23, 2017.

B. On June 5, 2017, the Plaintiff filed a payment order against C with the Seoul Northern District Court 2017 tea24070 regarding the above loan, and the said payment order was served to C on June 5, 2017, and became final and conclusive on June 20, 2017.

C. Each real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by E (hereinafter “the deceased”). The deceased died on February 26, 2009, and his heir F, the wife, who was the wife;

G. H, C, I, and Defendant are located.

Inheritors on 6, 2017

7. The Defendant entered into an agreement on the division of inherited property (hereinafter “instant agreement on division”) with the content that the Defendant is to solely inherit the instant real property, and accordingly, on June 9, 2017, the registration of transfer of ownership in the name of the Defendant was completed.

C was in excess of obligations at the time of the instant split-off agreement.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 7, the Korean Credit Information Institute of this Court, the Court Administration's Computer Information Center of Korea, the 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 was holding a claim against C established prior to the agreement on division of this case, which is the subject of 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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