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(영문) 서울북부지방법원 2015.10.30 2014나22534

사해행위취소

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 9, 1999, the plaintiff filed a claim against B, etc. for indemnity payment and rendered a favorable judgment that "the defendant jointly and severally paid 86,675,034 won and 83,638,830 won to the plaintiff and 21% interest per annum from November 16, 1998 to the date of full payment." The above judgment became final and conclusive on December 28, 1999. 2) The plaintiff filed a claim for indemnity payment again against B, etc. to discontinue the extinctive prescription period of the finalized claim which was not repaid pursuant to the above final and conclusive judgment, and won was jointly and severally decided on November 6, 2009 to the plaintiff with the Seoul Central District Court Decision 2009Da188058, "the defendant shall be jointly and severally decided on November 16, 2009."

B. A. The father C of B’s division of inherited property was deceased on October 11, 2013 (hereinafter “the deceased”).

(2) The heir, who is the spouse, had the real estate indicated in the separate sheet (hereinafter referred to as “instant apartment”) that is inherited property by the heir, as well as the Defendant and his children, who are the spouse.

(1) The agreement on the division of inherited property that vests in the Defendant (hereinafter “instant agreement on division of inherited property”)

(2) On January 24, 2014, the Seoul Northern District Court, Dongdaemun-gu Branch of the Seoul Northern District Court, received on January 24, 2014, and completed the registration of ownership transfer for the apartment of this case to the Defendant as the receipt No. 2357. 2) B, at the time of the division of the inherited property of this case, was the only property to inherit the apartment of this case, and the market value at the time of inheritance of the apartment of this case was KRW 6

【Ground of recognition】 In the absence of dispute, Gap 1, 3 through 6 (including each number), Eul 4, 6, and 9, the fact inquiry result of the court of first instance to the Ministry of Land, Infrastructure and Transport, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's argument B is that of this case to the defendant through the division consultation of the inherited property of this case.