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(영문) 수원지방법원성남지원 2017.12.20 2016가단226720

사해행위취소

Text

1. On April 6, 2013, 201, 2/13 shares of the real estate listed in the separate sheet between the Defendant and B.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) B against Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”)

(2) On October 31, 2008, the Plaintiff was determined on December 30, 2008 to pay the amount equivalent to KRW 181,478,282 to the above bank on behalf of the Plaintiff on December 13, 2008 and on August 13, 2009 to the non-party company and B for delay payment for the amount of KRW 264,660,056 and delay payment for the amount of KRW 263,056,886.

B. 1) B, such as the agreement on the division of inherited property, is one of the five children between Nonparty D and the Defendant. 2) The above D died after having left the real estate indicated in the separate sheet (hereinafter “instant real estate”).

3) The Defendant’s sole inheritance of the instant real estate on April 6, 2013, including the Defendant and the five children, including the Defendant and the Defendant, shall reach an agreement on the division of inherited property (only the portion that was entered into between B and the Defendant with respect to the inherited property of the instant case).

(4) Accordingly, on October 28, 2013, on the instant real estate, the registration of ownership transfer was completed on April 6, 2013 in the future of the defendant on April 6, 2013.

5) At the time of the instant real estate, the secured debt amounting to 230,000,000 won is 100,000 won or more of the secured debt amount of the Bank and the secured debt amount to Han Bank Co., Ltd. (hereinafter “each of the instant secured claims”).

(6) The real transaction price of the instant real estate around July 2017, which was close to the date of the closing of argument in the instant case, was KRW 810,00,000, and at the time of the consultation on the division of inherited property, B did not have any particular property other than the inheritance shares in the instant real estate.