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(영문) 부산지방법원 2015.07.24 2015가단14163
사해행위취소
Text

1. The inherited property concluded on February 27, 2010 with respect to shares of 2/11 of the real estate listed in the separate sheet between the defendant and B.

Reasons

1. Facts of recognition;

A. B around March 8, 1999, around March 30, 2001, after issuing each credit card from Samsung Card Co., Ltd. on March 30, 2001, delayed payment. The amount in arrears as of October 24, 2003 is 22,706,010 won in total.

B. After October 24, 2003, Samsung Card Co., Ltd. and foreign exchange card Co., Ltd. transferred each LG Investment Securities Co., Ltd. with respect to the above LG Investment Securities Co., Ltd., and the LG Investment Securities Co., Ltd. notified B of the transfer.

C. On December 19, 2008, the Plaintiff filed a lawsuit claiming the amount of money transferred to B with the Ulsan District Court 2008Da31965, and the above court rendered a judgment on December 19, 2008 that “B shall pay to the Plaintiff the amount calculated at the rate of 17% per annum from October 25, 2003 to December 4, 2008, and 20% per annum from December 5, 2008 to the date of full payment.” The above judgment became final and conclusive around that time.

On the other hand, C, the wife, died on February 27, 2010, and jointly succeeded to the network C by the Defendant and children, the wife, and B, and the inheritance shares of B are 2/11.

E. On February 27, 2010, the co-inheritors including the Defendant, etc. entered into an agreement on the division of inherited property to transfer the ownership of the instant real estate to the Defendant (hereinafter “instant division agreement”) and the Defendant on the ground of such agreement, based on the Busan District Court’s Busan District Court registry 2010

7. 28. Receipt No. 39120 completed the registration of ownership transfer.

F. B had already been in excess of obligations at the time of the instant divisional consultation.

[Ground of recognition] Facts without dispute, entry in Gap 1 through 6, purport of the whole pleadings

2. Determination

A. The agreement on the division of the inherited property established by fraudulent act shall be either wholly or partially owned by each heir or a new co-ownership relationship with respect to the inherited property provisionally owned by co-inheritors upon commencement of inheritance.

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