사해행위취소 등
The defendant shall register the shares of 1/5 of each of the real estate in the attached list 1 and 2 in Suwon District Court.
1. Facts of recognition;
A. On December 20, 2018, E died with five children, including the debtor B (B; hereinafter “B”) and the defendant (V) as inheritor on December 20, 2018.
B. On December 20, 2018, B entered in the separate sheet Nos. 1 and 2 (hereinafter “each of the instant real property”), which are inherited property with the Defendant, agreed on the division of the inherited property that the Defendant would inherit (hereinafter “instant division agreement”). On December 20, 2018, both the Defendant and the other children except the Defendant and B agreed on the division of the inherited property that the Defendant would inherit each of their shares (each of the shares 1/5 shares) between the Defendant and the Defendant. Accordingly, on each of the instant real property, the Suwon District Court’s registration for the Sungnam branch branch and the registration for the transfer of the ownership in the name of the Defendant was completed on April 3, 2019 as the receipt of No. 16788, Dec. 20, 2018.
C. On August 7, 2002, A Co., Ltd. lent KRW 29,00,000 to B. On June 14, 2019, upon seeking the payment of the remaining principal and interest on the loan against B, A filed a lawsuit against the Defendant seeking the registration of ownership transfer in the name of B on the 1/5 share out of each of the instant real estate due to the cancellation of the division consultation and the subsequent restitution.
(Seoul Central District Court 2019da5167437, hereinafter referred to as "the previous lawsuit of this case") d.
On the other hand, on June 14, 2019, B filed a bankruptcy and application for immunity with the Chuncheon District Court No. 2019Hadan1018, 2019, 1018, on the grounds of the increase in debt, etc., and the Chuncheon District Court declared bankruptcy against B on July 11, 2019, and appointed the Plaintiff as the bankruptcy trustee.
At around that time, the lease deposit(10 million won, children's name) and the 2010-style laversy, while the total sum of the principal and interest of B's debt exceeded KRW 130 million.
E. The plaintiff taken over the lawsuit against the defendant of A corporation among the previous lawsuit of this case.