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(영문) 서울중앙지방법원 2019.11.13 2019가단5080813

사해행위취소

Text

1. It was concluded on October 7, 2014 with respect to each of the real estates listed in the separate sheet between the Defendant and C.

Reasons

Facts of recognition

The Plaintiff filed a request against C to pay “3,644,637 won” as Seoul Central District Court Decision 2013 tea209562 and damages for delay against “10,332,642 won,” and the payment order was issued on October 25, 2013, and the above payment order was finalized on December 4, 2013.

C’s father D deceased on October 7, 2014, and there was a child E, C, F, and Defendant as inheritor.

(1) On October 7, 2014, the Defendant and the inheritors, including C, concluded an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) solely inherited by the Defendant, on October 7, 2014, on the following grounds: (a) the agreement on the division of inherited property (hereinafter “instant real property”); and (b) the registration of ownership transfer was completed in the Defendant’s future on November 22, 2017.

On June 3, 2003, the establishment registration of a mortgage of the instant real estate was completed on the following dates: (a) on the establishment registration of a mortgage of the mortgagee G Union, debtor network D, maximum debt amount of KRW 23,000,000; and (b) on October 14, 2003, the establishment registration of a mortgage of KRW 10,000,000 was revoked on the same day as on November 22, 2017.

The registration of the establishment of a mortgage on the two preceding mortgages is "the registration of the establishment of a mortgage on each of the preceding mortgages of this case".

3) At the time of the agreement on the division of the inherited property in this case, C had no particular assets except for the inheritance shares of 1/4 regarding the instant real estate at the time of the agreement on the division of the inherited property in this case, and was in excess of its obligation. [No dispute over the grounds for recognition, as to the entries in Gap’s evidence Nos. 1 through 7, Eul’s evidence Nos. 1 through 5, and the existence of the preserved claim to be determined as to the purport of the entire pleadings, the Plaintiff had a claim against C under the payment order finalized at the time of the agreement on the division of the inherited property in

The agreement on the division of the inherited property established by fraudulent act has commenced and the co-inheritors have become a provisional co-inheritors.