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(영문) 대구지방법원 2018.02.07 2017가단336

사해행위취소등

Text

1. The Defendants and D concluded on March 25, 2013 regarding shares in 2/9 of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff’s claim against D is established 1) The Plaintiff filed a lawsuit against D on the claim for the amount of transfer money (hereinafter “claim for the amount of transfer money”). The Plaintiff filed a lawsuit against D in Daegu District Court 2008Gaso1575 (hereinafter “the claim for transfer money”).

() On October 1, 2008, D was sentenced to the judgment of October 1, 2008, “D shall pay to the Plaintiff 9,038,800 won with 17% per annum from October 25, 2003 to August 9, 2008, and 20% per annum from the next day to the day of full payment.” The above judgment was finalized on October 4, 2008 (hereinafter “instant judgment”).

(2) As of December 22, 2016, the amount of the instant judgment as of December 22, 2016 is KRW 29,279,768 (i.e., principal amount of KRW 9,038,800,00 calculated at the rate of 17% per annum from October 25, 2003 to December 22, 2016).

B. On March 25, 2013, the Defendants and D agreed on the division of inherited property: (a) died on March 25, 2013, and jointly inherited property D, F, and Defendant C, the spouse of Defendant B, and their children; (b) the Defendants, D, and F agreed on the division of inherited property (hereinafter “instant real property”) with the terms that the Defendants would own the real property indicated in the separate sheet, which is inherited property on the same day, at the ratio of 1/2 shares (hereinafter “instant agreement on the division of inherited property”); and (c) the Defendants completed the registration of ownership transfer on May 30, 2013 with respect to each of the instant real property on the grounds of the agreement on the division of inherited property.

C. On June 29, 201, the right to collateral security (hereinafter “instant right to collateral security”) established in the name of G Federation, which consists of the debtor’s network E and the maximum debt amount of KRW 24 million, with respect to the instant real estate, was revoked on June 21, 2013. On October 5, 2015, the right to collateral security (hereinafter “instant right to collateral security”) was revoked on the ground of termination on June 20, 2013, and the debtor C, Defendant C, the maximum debt amount of KRW 48 million was established.

D’s excess of D’s debt = 30,222,222 won = 136,000 won as active property at the time of the consultation on division of inherited property of this case.