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(영문) 서울남부지방법원 2015.08.18 2015가단3482

사해행위취소

Text

1. On August 27, 2010, the defendant and the non-party B as to the 2/7 shares in the attached real estate indicated in the attached Form No. 2.

Reasons

1. The facts below are based on the following facts: (a) the Plaintiff and the Defendant did not dispute each other; (b) evidence Nos. 1 and 3; (c) evidence Nos. 4-1 through 9; (d) evidence Nos. 5; and (e) evidence Nos. 1 and 10-1 through 5; and (e) evidence Nos. 1-1 through 5; and (e) the fact-finding results in this court’s fact-finding results; and (e) the purport of the entire pleadings as a whole in the submission of financial transaction information.

In the case where the Plaintiff applied for the payment order against Nonparty B (the Plaintiff guaranteed the Plaintiff’s performance of the contract to Nonparty CYS Co., Ltd. until June 30, 2010, but the Plaintiff failed to perform the contract, and the Plaintiff applied for the payment order with the Seoul Central District Court 201Hu54222 on January 25, 201) on the ground of the Plaintiff’s claim for the reimbursement order against Nonparty B, the said court issued an order to pay the Plaintiff 15% per annum from April 26, 2011 to the delivery date of the payment order and 25,510,10 won from the next day to the date of complete payment, which became final and conclusive on March 26, 2012 to B on April 27, 2012.

B. At the time of the death of the non-party’s apartment as indicated in the indication of the attached property (hereinafter “the apartment of this case”), the non-party’s co-inheritors (hereinafter “the deceased’s co-inheritors”) owned the apartment as indicated in the attached property (hereinafter “the apartment of this case”), the Defendant and his lineal descendants (her spouse) were the co-inheritors. On August 27, 2010, the co-inheritors agreed to solely inherit the apartment of this case (hereinafter “the instant division agreement”) and upon the division agreement of this case, on July 26, 2011, the ownership transfer registration of the apartment of this case was made in the name of the Defendant with respect to the instant apartment of this case. The registration of the transfer of ownership was revoked on September 5, 201, the maximum debt amount of KRW 185,90 million, which was already registered prior to the registration of the transfer of ownership was revoked on September 5, 201, and the repaid debt is KRW 143 million.

C. Division consultation of this case