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(영문) 청주지방법원 2016.04.20 2014가단161745
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On July 11, 2003, Han Bank filed a lawsuit against the non-party H and three other parties, Seoul District Court Decision 2003Da11941, and on July 11, 2003, the above court sentenced the non-party H to pay the amount of KRW 500 million to Han Bank jointly and severally with the non-party I Co., Ltd., which became final and conclusive around that time.

B. On November 20, 2008, the Hana Bank transferred the above judgment claim to the Plaintiff on November 20, 2008, and each assignment of claim was notified.

C. Defendant A, B, C, and Nonparty H and the network G (Death on August 12, 2013) succeeded to the deceased’s property including the deceased’s wife on August 16, 1997, and the deceased’s wife on February 5, 2008 (hereinafter collectively referred to as “each of the instant real estate”) in the attached list 1 through 7 real estate (hereinafter collectively referred to as “each of the instant real estate”). Defendant D is the deceased’s wife, Defendant E, and F are the children of the network G.

With respect to each real estate of this case, the registration of ownership transfer for shares of Defendant B, C, and Dong G was made on May 24, 2010 by the Youngju District Court No. 5504, August 16, 1998 due to the inheritance due to the division by agreement as of August 24, 2010, and the ownership transfer for shares of 2/5 in Defendant A.

E. On June 14, 2010, Defendant C’s share was transferred to the deceased G on the ground that the instant 6 and 7 real estate was donated as of June 14, 2010 to June 8, 2010.

F. On June 16, 2010, Defendant C, deceased G, and Defendant A’s share were transferred to Defendant B on the ground that the same support was received on June 16, 2010, as the donation from June 8, 2010, and the donation was made on June 8, 2010.

G. (1) On the other hand, with respect to the area of 433 square meters in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Cheongbuk-do, as of June 14, 2010, the same support was received as of June 14, 2010, by inheritance due to the division held on August 16, 1997, and Nonparty H future.

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