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(영문) 춘천지방법원 2018.07.31 2017가단5405

사해행위취소

Text

1. As to shares of 1/4 of each real estate listed in the separate sheet:

A. It was concluded on January 19, 2015 between the Defendant and C.

Reasons

1. Basic facts

A. The Plaintiff’s claim against C filed an application with the Suwon District Court for a payment order against C and D seeking the amount of loan under the head of Suwon District Court Decision 2014 tea152.

On February 27, 2014, the court issued a payment order stating that “C and D jointly and severally pay to the Plaintiff 18,950,000 won and interest rate of 20% per annum from the day following the delivery date of the instant payment order to the day of full payment.”

Payment orders were finalized on March 18, 2014.

B. On January 19, 2015, the mother of C of C and the Defendant’s agreement on division of inherited property, died, and C, F, and G (Inheritance shares, 1/4) jointly inherited the property of E.

E-H died in 2008 prior to the death of E, and the Defendant, the wife of H, and his children, and the J succeeded to the inheritance by proxy.

On January 19, 2015, E entered into an agreement on the division of inherited property (hereinafter “instant division agreement”) with a view to devolving the real estate (hereinafter “instant real estate”) indicated in the separate sheet, which is the inherited property of E, on the part of the Defendant.

In accordance with the instant partition agreement, the Defendant completed the registration of ownership transfer based on inheritance due to a division made between January 19, 2015 and January 19, 2015 regarding the instant real estate on April 18, 2016.

C. At the time of the instant divisional agreement, C had no other property than the inheritance shares of the instant real estate at the time of the instant divisional agreement, and there was no particular property even before the date of closing of the instant argument.

[Reasons for Recognition] Facts without dispute, Gap 1 to 4 evidence, the two-gu head of this court, and the representative director of KK corporation, the purport of the whole pleading, as a result of fact inquiry

2. The Defendant’s judgment as to the exclusion period of the Defendant’s assertion and the exclusion period of the Plaintiff, as the Plaintiff had sought C on August 20, 2015 and demanded C to pay the debt, provided an explanation from C as to the registration of transfer of ownership under the instant division agreement, and thus, the instant lawsuit filed by the Plaintiff for one year thereafter.