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(영문) 부산지방법원 2015.06.12 2014가단248426
사해행위취소
Text

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

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

Reasons

1.The facts following the facts of recognition do not conflict between the parties, or may be admitted by comprehensively taking into account the whole purport of the pleadings as set out in Gap evidence 1 to 4, 6, and Eul evidence 5 (including the branch numbers if any).

On May 13, 2005, through the Korea Asset Management Corporation, on July 26, 2001, the Plaintiff acquired credit (the principal amount of KRW 12,187,180 as of October 30, 201, KRW 27,601,939 as of October 30, 201, and KRW 27,601,939 as of October 30, 201) against ELD Card Co., Ltd. through the Korea Asset Management Corporation. However, B, as the wife of C, jointly and severally guaranteed the debt such as

B. After that, D, the owner of the real estate listed in the attached list (hereinafter “instant real estate”) died, B, who is its child, jointly succeeded to D’s property with the Defendant, E, and F, who is the other child of D.

C. However, on February 5, 2013, B, Defendant, E, and F entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the purport that the instant real property shall be owned solely by the Defendant, and the Defendant completed the registration of ownership transfer on August 2, 2013 with respect to the instant real property based on the agreement on the division of inherited property.

2. The parties' assertion and judgment

A. The plaintiff asserts that the agreement on the division of the inherited property of this case with the defendant about 1/4 of his legal shares in his legal shares in the real estate of this case, which is the only property in excess of the debt, should be revoked as a fraudulent act detrimental to all the general creditors including the plaintiff, and the defendant asserts that the plaintiff is obligated to implement the registration procedure for the transfer of ownership on the ground of the restoration of the authentic title as to B's shares in the real estate of this case to the original state

In this regard, the defendant has fully contributed to the maintenance or increase of the real estate of this case, which is inherited property by supporting D itself and repaying D's debts on behalf of D, so the agreement on division of inherited property of this case does not constitute fraudulent act.

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