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(영문) 부산지방법원서부지원 2020.09.03 2020가단103762
사해행위취소
Text

On February 26, 2019, it is concluded on February 26, 2019 with regard to 2/13 of each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On March 7, 2003, the Plaintiff acquired the credit card payment claim against C as of March 7, 2003, and filed an application with C for payment order with the Seoul Central District Court 2019 tea and KRW 517457, Dec. 11, 2019, “2,302,218 won and damages for delay calculated at the rate of 20% per annum from March 6, 2010 to the date of full payment.” The above payment order was finalized on January 1, 2020.

B. On June 10, 2006, E, the father of C, died on June 10, 2006, and his heir has C, F, G, H, and I, the spouse of C, F, H, and I.

On February 26, 2019, the Defendant, C, F, G, H, and I, the heir of the network E, prepared a written agreement on inherited property division with respect to each of the real estate listed in the separate sheet (hereinafter “instant real estate”) on the deceased E’s inherited property on June 10, 2006, with the purport that “as in the inheritance commenced due to the death of E on June 10, 2006, the Defendant, C, F, G, H, and I shall consult on the division of inherited property as follows.” The registration of ownership transfer was completed on February 27, 2019 with the Busan District Court Seosan Branch of Seosan Branch of the Busan District Court on February 27, 2019 as the registration office of receipt of Seosan Branch Branch of the Busan District Court on June 10, 2006.”

The following is the registration of transfer of ownership of this case:

C. At the time of the registration of ownership transfer, C did not have any assets except the inheritance shares of the instant real estate. [Grounds for recognition] There was no dispute; Gap evidence Nos. 1 through 6 (if any, the statement including a serial number); the fact-finding with respect to the director of Busan District Court Seosan Branch Branch of Busan District Court; the fact-finding with respect to the director of Busan District Court, the purport of the entire pleadings as a whole.

2. Determination:

A. According to Article 406(2) of the Civil Act as to whether the period for filing a lawsuit is observed, a lawsuit for revocation of a fraudulent act shall be filed within one year from the date the obligee becomes aware of the cause for revocation and within five years from the date of the juristic act, which is the period for filing

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