사해행위취소
1. Division of property between the Defendant and C on March 10, 2016 with respect to one half of each real estate listed in the separate sheet.
1. Facts recognized;
A. The Plaintiff’s claim against C is the spouse of D, and C is a child born between D and the former wife.
D As of November 4, 2011, children of the former wife C et al. filed a claim against the Plaintiff for the division of inherited property (Seoul District Court 2012 Mohap5). On June 3, 2013 of the instant case, the following adjustments were established on the conciliation date:
2012Shap 5 pending mediation protocol for a case involving the division of inherited property
1. Of the net D’s inherited property, the following real property is owned by the other party (the word “Plaintiff” in this case).
(2) A neighborhood living facility with the second floor above ground and motor vehicle-related facilities.
2.No other party shall exercise any rights against the other network D's inherited property except for those mentioned in paragraph 1.
3. Of the total amount of 1.2 billion won (the net D's debt amounting to 500 million won, and the claimant C's debt amounting to 700 million won) of each collateral security obligation created on the real property stated in paragraph (1);
(a) Of the net D’s debt of KRW 500 million and the claimant C’s debt of KRW 400 million, the total of KRW 900 million and interest thereon from June 4, 2013 to the full payment shall be succeeded by the other party;
B. The claimant’s remaining debt amounting to KRW 300 million and interest thereon from June 4, 2013 to the date of full payment shall be repaid preferentially to the claimant’s liability.
5. With respect to inheritance tax and tax accountant fees paid before May 25, 2013 among inheritance tax, the claimant shall not claim to the other party, and the other party shall bear an amount equivalent to 50.3% of the remaining inheritance tax.
Then, around June 2013, the Plaintiff and C, etc. agreed that “the Plaintiff shall pay the Plaintiff a full amount of KRW 1.2 billion and interest thereon, and that “C, etc. shall jointly and severally pay the Plaintiff KRW 300 million and interest thereon” (hereinafter “instant agreement”). Accordingly, on June 21, 2013, the Plaintiff repaid the Plaintiff the total amount of KRW 1,204,645,480 to the Suhyup Bank.
C, etc. of this case against the Plaintiff on August 9, 2013.