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(영문) 서울중앙지방법원 2016.08.19 2015가합527484

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 21, 2013, the Plaintiff filed a lawsuit claiming the repayment of loan against D on March 8, 2013 with the Seoul Central District Court 2013Kahap18511, and rendered judgment on June 21, 2013 that “D shall pay to the Plaintiff 40 million won, 18% per annum from March 30, 207 to April 4, 2013, and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive.

B. The division consultation of the inherited property of this case 1) The network E, referring to D (hereinafter “the deceased”).

(2) On August 20, 2012, the deceased on August 20, 2012. The heir died and there was wife C (3/5) and D (2/5 inherited property). (2) C and D completed the registration of ownership transfer as a result of inheritance by agreement division on August 20, 2012, including each real estate listed in Schedule 1 through 6 (hereinafter “each land of this case”). < Amended by Presidential Decree No. 23788, Aug. 20, 2012; Presidential Decree No. 23788, Dec. 5, 2013; Presidential Decree No. 23988, Aug. 20, 2012>

3) Then, on April 4, 2013, C completed the registration of transfer of ownership for each of the instant land on the grounds of sale and purchase on February 5, 2013 in F. The Defendant completed the registration of transfer of ownership for each of the instant land on May 26, 2014, with respect to each of the instant land on May 23, 2014, provisional registration of security based on the promise to sell and purchase as of May 23, 2014, and acquisition of ownership for each of the instant real estate on November 24, 2014, based on the provisional registration of security (Article 130844).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 16 (including each number in the case of additional number), the purport of the whole pleadings

2. Determination as to the cause of action

(a)the Parties;