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(영문) 대구지방법원 2017.11.24 2017가단101345

사해행위취소

Text

1. Consultation on and division of inherited property concluded on June 4, 2014 between Defendant B and the network A regarding real estate listed in the separate sheet.

Reasons

1. The occurrence of the right to revoke the fraudulent act;

A. 1) The Plaintiff loaned KRW 10,00,00 to Defendant B on September 11, 201, the due date for reimbursement of KRW 13.4% of the agreed interest rate and KRW 19% of the overdue interest rate. On September 25, 2002, the Plaintiff loaned KRW 15.4% of the due date for reimbursement of KRW 15.4% of the agreed interest rate and KRW 19% of the overdue interest rate as of March 29, 2011 (i) as of KRW 19,812,090 (i.e., the first loan principal of KRW 5,832,000, KRW 756, KRW 15,000, KRW 100 and KRW 19% of the agreed interest rate; and (ii) on September 25, 2002, the Plaintiff applied for rehabilitation with the said individual rehabilitation list as of KRW 314,201, KRW 813,2014).

On October 27, 2011, the above court decided to authorize the repayment plan on March 28, 201, and decided to discontinue individual rehabilitation on April 4, 2016 because Defendant B did not pay repayment according to the repayment plan.

3) On June 4, 2014, Defendant B’s partner E died on the deceased on June 4, 2014, the inheritor has a spouse’s net A, Defendant B, C, and D, and the inherited property is the real estate listed in the separate sheet (hereinafter “instant real estate”).

(4) The deceased E’s heir entered into an agreement on the division of inherited property (hereinafter “instant agreement on division of inherited property”) with the purport that A shall independently own the instant real property. As to the instant real property, the registration of ownership transfer was completed in A as the registration office of the Daegu District Court No. 3125, Jan. 7, 2015, as the registration office of the Daegu District Court received on January 7, 2015.

5) The deceased on August 29, 2017 during the instant lawsuit pending, and the Defendants, their children, were 1/3 comprehensive succession of their rights and obligations. [The grounds for recognition] fact that there is no dispute, Gap Nos. 1, 2, 6 through 12 (each entry, including the serial number), and the purport of the entire pleadings.