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(영문) 대구지방법원김천지원 2020.05.14 2018가단5696

사해행위취소등(가액배상)

Text

1. On February 1, 2018, the Defendant and Nonparty C concluded on February 1, 2018 with respect to each of the real estates listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff’s monetary claim against C (D) filed an application with the Daegu District Court for a payment order under the Daegu District Court Kimcheon Branch of 2018 teab262. On March 23, 2018, the said court ordered C to pay “4,439,565 won and the damages for delay calculated at the rate of 20% per annum from October 25, 2003 to June 16, 2008, and 17% per annum from the next day to September 30, 2015, and 15% per annum from the next day to the date of full payment.” The said payment order was finalized on April 12, 2018.

(b) inheritance relationship 1) F and E (G) with E (C) are the same as the debtor C of the above payment order, under which children are children H(I.S.), South C (D) with D and the debtor C of the payment order.

(2) On January 27, 1996, E completed the registration of transfer of ownership on the ground of donation on January 26, 1996, with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on January 26, 1996.

3) On April 13, 2016, the above E died, and on May 23, 1996, the above H, C, Defendant, and K jointly inherited E in proportion to their respective shares of 1/4 (F, a spouse, was already dead on May 23, 1996, prior to the commencement of inheritance for E.

(C) On February 1, 2018, the above co-inheritors drafted a written agreement on division of inherited property (Evidence No. 3) to vest each of the instant real estate in the Defendant’s sole ownership on February 1, 2018.

(2) On February 6, 2018, the Defendant completed the registration of transfer of ownership based on the inheritance due to the division on the whole shares of each of the instant real estate on February 6, 2018. D. Meanwhile, each of the instant real estate is the “joint collateral security” of each of the instant real estate, which is the collective collateral security holders of M&A.

The following table was established.

The date of receipt of the debtor of the right to collateral security.