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(영문) 서울동부지방법원 2020.11.26 2019가단138178

사해행위취소

Text

On August 14, 2014, it was concluded on August 14, 2014 with respect to the shares of 1/5 of the real estate listed in the attached list.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) C (hereinafter “C”)

(1) The Seoul Central District Court 2014da537769 filed a lawsuit for the claim for the amount of the debt. On April 23, 2014, the said court rendered a decision of performance recommendation that “B shall pay C 54,730,786 won and 16,171,965 won, whichever is the rate of 17% per annum from March 12, 2014 to the date of full payment.” The said decision of performance recommendation became final and conclusive on May 16, 2014 (hereinafter referred to as “instant claim”).

(2) On April 19, 2018, C transferred the instant claim to the Plaintiff, and notified B of the fact of transferring the said claim.

B. B’s act of disposing of property and debt excess 1) B’s mother D (hereinafter “the deceased”).

) As the Defendant, E, F, G, and B (hereinafter “Defendant, etc.”) died around August 14, 2014, the Defendant, E, F, G, and B (hereinafter “Defendant, etc”).

A) A heir was jointly inherited the deceased’s property, and the Defendant et al. jointly inherited on August 14, 2014, the real estate listed in the separate sheet (hereinafter “instant real estate”).

(1) The agreement on the division of inherited property with the sole ownership of the Defendant (hereinafter “instant agreement on the division of inherited property”).

As a result, on March 2, 2015, the registration of ownership transfer was completed on the instant real estate on March 2, 2015. (2) At the time of the agreement on the division of inherited property of this case, the registration of ownership transfer was completed on the instant real estate by the mortgagee as HA, and the registration of mortgage establishment was completed on the basis of the maximum debt amount of 39,000,000,000, the debtor as the deceased, but the said registration of mortgage creation was revoked on April 7, 2015.

C. At the time of the consultation on division of the instant inherited property, B, including the financial status of B, did not have any particular property except 1/5 of the inheritance shares in the instant real property as active property. However, as passive property, in addition to the Plaintiff’s obligation to take over the Plaintiff as negative property, KRW 16,779,813, and KRW 1,547,898 against J Co., Ltd.