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(영문) 대구지방법원포항지원 2020.02.06 2019가단5299
사해행위취소등
Text

1. As to shares of 1/5 of each real estate listed in the separate sheet:

A. It was concluded on June 16, 2019 between the Defendant and C.

Reasons

According to the facts without dispute, Gap evidence Nos. 1 through 8 (including the provisional number) and the overall purport of the pleadings, according to the following purport: (i) the plaintiff held a claim against Eul with respect to the Daegu District Court Branch of Pool District Court on September 19, 2017 under the payment order on September 19, 2017, and (ii) D died on June 16, 2019; and (iii) five persons, including defendant C, etc., who were the inheritor, concluded an agreement on the division of inherited property on June 16, 2019 and decided to own each real estate listed in the separate sheet as the defendant on August 19, 201; (iv) the defendant completed the registration of ownership transfer on each of the above real estate by consultation and division on August 16, 2019; (iii) the inherited property was in excess of the debt at the time of the consultation and division agreement; and (v) the shares of 1/5 of each of the above real property is recognized as having been the only property C.

Since the plaintiff's claim against C was incurred before the conclusion of the agreement on division of inherited property, it becomes the creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor'

Supreme Court Decision 2007Da29119 Decided July 26, 2007, see, e.g., Supreme Court Decision 2007Da29119 Decided July 26, 2007, the defendant asserts that the registration of ownership transfer from C does not constitute a fraudulent act as

However, (1) The loan claims against Defendant C cannot be acknowledged solely with the details of financial transactions between Defendant C, and (2) even if the Defendant’s loan claims against Defendant C are recognized, the presumption of ownership transfer registration is presumed to have been acquired through legitimate grounds for registration, as well as the third parties. It is also stated in the order of the Defendant’s name, including Supreme Court Decisions 94Da10160 Decided September 13, 1994; 76Da3010 Decided June 7, 197.

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