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(영문) 서울중앙지방법원 2015.05.15 2014가단144809
사해행위취소에 의한 가액배상금
Text

1.(a)

November 3, 2013 with respect to shares of 1/4 of each real estate listed in the separate sheet between the defendant and B.

(c)the inherited property;

Reasons

1. Facts of recognition;

A. On July 5, 2002, B obtained and used a loan loan card from the mobilization Capital Co., Ltd. A. On June 27, 2007, the Plaintiff acquired the above loan principal and interest from the Korea Investment Savings Bank that changed its trade name. As of June 7, 2010, the principal and interest of the bonds as of June 7, 2010 are KRW 5,210,746 (i.e., principal and interest of KRW 1,99,636, KRW 3,211,10) (i.e., principal and interest of KRW 1,99,636). (ii) The Plaintiff filed a payment order against B under the Seoul Central District Court Order 2010 tea4313 (13).

On June 17, 2010, the above court issued an order to pay the Plaintiff KRW 5,210,746 and KRW 1,99,636 at the rate of 20% per annum from June 8, 2010 to the date of full payment.”

The payment order was finalized on July 8, 2010.

B. At the time of the death of C, which is referred to in Section B (1) of the division of the inherited property between the Defendant and B, the co-inheritors are four children, such as the Defendant, who is a lineal descendant B and B. The inheritance shares in Section B are one-fourths. The inherited property is each real estate listed in the separate sheet (hereinafter referred to as the “instant housing”).

(2) On November 3, 2013, the co-inheritors, including B, agreed upon the division of inherited property that succeeds to the instant house by the Defendant alone, and completed the registration of ownership transfer under the Defendant’s sole name on December 18, 2013.

[Based on recognition] The items of Gap evidence Nos. 1 through 6, Gap evidence Nos. 9 through 11 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination:

A. According to the above facts, the establishment of fraudulent act 1) As to the instant house, for which inheritance commenced and which was provisionally owned by the co-inheritors, the ownership of which belongs to the Defendant, who is a female, through the division of inherited property, constitutes a fraudulent act against the creditors, including the Plaintiff. 2) The Defendant is a bona fide beneficiary, since it was unaware of the status of B’s obligations at the time of the division of inherited property.

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